SCA 265/2J/A/2011
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
Arbitration, Animals, General Consumer Law, General Commercial Law
Copyright
LexisNexis
Decision date
30 Jan 2011
Catchwords
Appointment of Arbitrator – Animals – Misselling – Unhealthy Livestock
The dispute involved a purchaser who had refused to pay the full agreed price for livestock, as he claimed he had subsequently found out the animals were ill and some had died. The key issue was as both parties had agreed to the appointment of an arbitrator, whether the arbitrator's decision should have settled the dispute.
Background
A purchaser bought 110 sheep from a man and paid part of the payment due. The total due was 56,000 Riyals but refused to pay the balance claiming that he found out later the sheep are unwell and a lot of them had died. The seller filed a case against the buyer requesting him to pay the balance (Buraydah General Court Case Number 33965 Folder Number: 32102171260320027 on 3001/2011) but the buyer refused to claiming he had been mis-sold the sheep. The seller responded that the sheep had been healthy at the time they were sold.
The two parties, agreed to appoint a third person to arbitrate between them. The arbitrator was invited to a court hearing in which he said the sheep were healthy at the time of the sale and disease free.