SACC 8156/1442
The Commercial Court ruled that it lacked jurisdiction to reconsider a case after the Court of Appeals annulled the Primary Court's judgment, as the legislator did not authorise the Court of Appeals to remand the case to the Primary Courts in such circumstances.
Background
A Charity Fund had submitted an application to the Commercial Court in Riyadh, stating that the company was a creditor to a company under an executive instrument. However, the had failed to fulfill its payment obligations by the due date. Therefore, the Charity Fund requested the liquidation of the company and to hold it liable for legal fees. The Primary Court ruled to dismiss the claim, then the legal representative of the Charity Fund filed an appeal against the judgment seeking its annulment.
The Court of Appeals issued its decision to annul the judgment of the Commercial Court and remand the case to the Ninth Chamber of the Commercial Court in Riyadh for reconsideration.