Session on Tuesday, January 14, 2025
Headed by Justice Shihab Abdulrahman Al-Hammadi, “Head of the Department”, with the membership of Judges Al-Bashir Bin Al-Hadi Zeitoun and Abdullah Bu Bakr Al-Siri
(1-2) Appeal "Appealing judgements in cassation: The effect of reversal a judgement".
1. The reversal of the judgement. Its effect. The reversed judgement ceases to exist and the litigants and the litigation return to the state they were in before the reversed judgement was issued and the referral court is free to assess the facts of the case and base its judgement on a new understanding. This is subject to adherence to the legal issue resolved by the reversed judgement.
2. Appeal "Appealing judgements in cassation: The effect of the reversal of the judgement". The referral court states the reason for the reversal of the judgement and then reassembles the case with a new understanding of the facts, interprets the nature of the contract at issue in the papers, enforces its terms and conditions, and awards the dues accordingly. It is true that the judgement was wrong in applying the...