BCC 11/2022
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Real Property Law, Arbitration, Civil Courts, Litigation Procedure & Practice
Decision date
9 May 2023
Catchwords
Land - Partition - Conflicting Rulings - Arbitration - Court - Time Limit
This case involved two conflicting judgments - an arbitration and court decision in a dispute on partitioning land. Issues included the time limits for appeals.
Background
Some landowners filed an appeal before the Court of Cassation, seeking a judgment.
They requested the formal acceptance of the appeal due to the presence of two final and conflicting judgments, despite the unity of the subject matter and the parties, relying on the provisions of Article 9 of Bahrain Decree-Law No. 8/1989 . This article allows the parties to appeal before it any final judgment that concludes a dispute, contrary to another judgment previously issued between the same parties, which had acquired the force of res judicata.