SCA 11471/2019
This case involved a request to dismiss a contract to purchase a medical appliance and return an advance. A key point was the defendant company's address determined which court had jurisdiction.
Background
A company filed a case against a defendant before the court. The company requested the court to dismiss a contract by which the company had bought a medical appliance from the defendant. The company also requested the court to order the defendant to pay 50000 Riyals that they had paid to him in advance.
The court said that the case documents revealed that the defendant’s company was located in Taif city. The court said Article 36 of Saudi Arabia Cabinet Decision No. 11/1435 stipulated that the case should be considered by the court which had the defendant's address within their jurisdiction.
Decision
The court ruled that the consideration of the case did not fall under the geographical jurisdiction of the court.
The Court of Appeal – Jeddah upheld the ruling based on same grounds.