SBG 1549/2015

The initial dispute involved gold jewellery which had been purchased but not paid in full. Key issues included an appeal could be made when the individual had not attended the hearings. Also considered was whether there had been a breach of Sharia law because of the amount of gold returned and dues for the cost of moulding.

Background

A claimant said that the defendant had bought gold jewellery from him but did not complete the payment. Therefore the claimant requested that the defendant pay the value of the gold and the fees for turning the gold into jewellery.

The defendant did not attend the case even though he was notified of the court hearing. The claimant requested the court issue a ruling in absentia.

Decision

The court issued a ruling in absentia that the sales contract was invalid and requested the defendant to return the gold to the claimant and dismissed the rest of the claims. The defendant objected and his objection was accepted.

The court said the dispute was related to a commercial transaction therefore the Board of Grievance had jurisdiction to consider it pursuant to the provisions of Article 443 of Saudi Arabia Royal Decree No. M32/1350.