Session on Tuesday, 23rd July 2024
Headed by Judge / Shihab Abdulrahman Al Hammadi, ‘Head of the Department’ and the membership of the judges Al-Bashir Bin Al-Hadi Zeitoun and Abdullah Boubakr Al-Seri
(1-3) Obligation of Sources of Commitment “Contract obligation is the court's duty to interpret and enforce the contract”. Defense: Fundamental defense: Violation of the right to defense.
(1) Defences relating to the interpretation of the contract and the enforcement of its terms must be addressed by the court without reference to expertise, as this is a matter of law for which the court is competent.
(2) Transaction contracts signed between governmental bodies and persons subject to private law must be enforced in terms of the concessions they contain.
(3) The challenged judgment's disregard of the Appellant's argument that the contract in question contains clauses referring to some of the concessions contained in the executive regulations of the Public Procurement Law and the Cabinet decision regarding contracting for the purposes of Authority's business is a breach of the ri...