SCC 40/2

This case involved a shop which had been leased but the tenant had disappeared for over a year and had not paid the rent since. The owner was allowed to take the shop back but the money officer was to keep the goods inside it.

Background

A claimant filed a case at the Eastern Area Court, against an absent defendant claiming he had rented a shop from him on 13/06/1973 for annual rent of 5000 Riyals. The defendant had paid 2500 Riyals of the rent and left the shop closed from 17/11/1986 and had not returned since. The claimant requested the court to issue a ruling so he could reopen the shop.

The court asked the claimant to prove his case. The claimant brought a contract and two witnesses who confirmed that the shop had been closed for one year and the defendant had left it.

Decision

The court ruled the shop should be re-opened. The court ruled the money officer should receive the goods inside the shop and keep them.

The court of cassation upheld the ruling.

The citation and date given is that of the Eastern Court as the Court of Cassation merely upheld the ruling.