Session on Wednesday, 4 September 2024
Headed by Judge / Shihab Abdulrahman Al Hammadi, “Head of the Department” and with the membership of Judges / Al-Hassan Bin Al-Arabi Faidi and Dawood Ibrahim Abul Shawarib.
(1-4) Appeal ‘Appeal of Appellate Rulings Carrying Effect of Appeal’ Defence ‘Substantive Defence: Must be answered with special reasons’ Judgment ‘Reasoning of the Judgment: Reasoning defects’.
1. The appeal returns the case to the stage as it was before the appealed judgement was issued. The effect of the appeal is that any defence raised before the Court of First Instance is considered to be raised before the Court of Second Instance without the need to repeat it unless it is waived.
2. A substantive defence is defined as any defence raised before the Court of First Instance which, if true, would change the outcome in the case, meaning that it must be examined and answered with special reasons to the contrary. Insufficient reasoning.
3. Substantive defence. The court has a duty to present and respond to the defence. Violation of the right of defence.
4. The challenged ...