Session on Monday, June 3 2024
Headed by Justice Shihab Abdulrahman Al-Hammadi, "Head of the Department", with the membership of Judge Al-Bashir Bin Al-Hadi Zeitoun and Mr Justice Juma Ibrahim Mohammed Al-Otaibi.
(1 - 4) Trial Court: What the trial court must consider and discuss’. Defence
‘Substantive defence’. Judgement ‘Reasoning: What the judgement must include’ ’Deficiency in Reasoning.’
1. The trial court must take into account the evidence presented and the basis upon which its judgment is founded. Failure to do so constitutes a deficiency.
2. The decision omits the examination of the essential defence. Invalid deficiency.
3. The judgement must include a statement that reassures the reader of the court's knowledge of the facts and evidence of the case in order to reach the right conclusion after scrutinising and responding to each defence raised by one of the litigants. In case of a failure to do so, a judgement devoid of its legal source.
4. The impugned judgement obliges the Appellant to return a sum of money and movable property without explaining the reason for the legal obligation, the co...