SCA 34361182/2013
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
General Landlord & Tenant
Copyright
LexisNexis
Decision date
24 Sept 2013
Catchwords
Industrial Premises – Tenancy – Absent Tenant – Eviction – Seizure of Property – Terminating Contract – Ending Contract
The dispute involved a request to evict a workshop tenant who had been absent for one year and had not paid rent. As a result of the absence, the court formed a committee to open the workshop, clear its contents, keep or sell them giving the contents or money generated from them to the Treasury. The workshop was to be handed back to the landlord . The appeal court approved the ruling after requesting the Knobar General Court reconsider the ruling and amend the word “terminating” to “ending” the contract.
Background
A landlord (who was the appellant) attended the hearing but the tenant (respondent) failed to attend so the case was postponed in order to send a notice to the tenant. However, the tenant also failed to attend another court hearing and there was no report on the notice sent to him so the court decided to hear the case regardless of his absence in line with the provisions of Article 55 of the Islamic Litigations Law.