BCC 564/2017

This case involved a request by a landowner whose property had been sold by an agent who kept the money for the cost of the land and compensation to be assessed by an expert and the agent ordered to pay. The court had been wrong to treat the case as only requiring the expert to make their estimation.

Background

A claimant filed a case before the civil court against the defendant. He said he was a Kuwaiti national and had issued a power of attorney to the defendant to manage his property in Bahrain but they had sold the land owned by him without his knowledge and transferred ownership to the buyer and took the money. The claimant had demanded the money but the defendant had refrained from paying which caused him material damages.

He asked the court to delegate an expert to estimate the current market value of the land and estimate the compensation for the damages he had suffered and ask the defendant to comply with the expert's findings. The court dismissed the case.

The claimant appealed the ruling before the Court of Appeal, which upheld the appealed.