OSC 106/2005
Type
Case
Court
Oman Supreme Court
Jurisdiction
Oman
Taxonomy
General Contract Law, Building Contracts, General Construction Law, Civil Courts, Appeals, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
26 Oct 2005
Catchwords
Contract – Appeal – Revocation – Litigation Procedure – Construction - Court
This case involved a contract involving a property which was to be repaired and construction work done. The plans changed and there was a request for money to be paid. A key issue was whether the claim at the Supreme Court was being made for the first time. It was claimed it was not but the specific request to revoke the contract had not been made at the lower court so could not be dealt with at the Supreme Court.
Background
A contracting company filed a case before Masqat Court of First Instance requesting an investor pay a certain amount of money plus interest. The contracting company also requested the investor to carry out repair work on the building in line with agreed plans and compensate the company for the damages resulting from contract violations of the contract.
The company stated it had started building a residential commercial building but it stopped the work and signed a contract with the investor to complete the building within a certain period and then invest. However, the investor stopped the building and amended the plans.