SCA 34244884/2013
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
General Real Property Law
Copyright
LexisNexis
Decision date
29 Apr 2013
Catchwords
Sale of land – Protection against disputes – Terms of Sales Agreement – No ownership deeds – Protect Public Interest
The original dispute was better the purchaser and seller of a piece of land. It was claimed the seller had agreed in the sales agreement to protect the purchaser from ownership claims as there were no ownership deeds. The sales agreement proving this was shown in another court hearing. As according to prophetical tradition Muslims are expected to honour the terms of their agreements the seller was required to return the money paid even though he stated the ownership objection was as a result of protection of the public interest meaning he was unable to fulfil the condition.
Background
A purchaser claimed that he had bought a piece of land for 37,500 Riyals without obtaining an ownership deed. However he had agreed with the seller that they would protect him against any disputes that may rise in relation to the land and the seller had failed to do so. The purchaser also claimed there were other parties who were objecting to his ownership to the land.
The seller conceded that he had indeed sold the land to the buyer but he denied having agreed to the protection condition.