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Reading: Court Overturns Decision, Denies Municipality’s Claim for 8 Years of Fees
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Home » Court Overturns Decision, Denies Municipality’s Claim for 8 Years of Fees

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Court Overturns Decision, Denies Municipality’s Claim for 8 Years of Fees

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Last updated: 2024/09/15 at 6:04 PM
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The recent ruling by the High Appeals Court in Manama has set a precedent in a case involving municipal fees owed by a tenant to the Southern Municipality. The court overturned a lower court decision that ordered the tenant to pay 2,880 Bahraini dinars in fees spanning eight years. The court cited the statute of limitations, stating that the claim had become time-barred, and therefore the tenant was not obligated to pay the full amount.

The case began when the municipality filed a lawsuit against the tenant, seeking payment of municipal fees for a period of eight years. The tenant, represented by lawyer Mohammed Al Mannai, argued in the lower court that the municipality did not have the right to sue as the tenant had vacated the property in April 2014. The lower court, however, ruled in favor of the municipality and ordered the tenant to pay the full amount of 2,880 dinars.

The tenant appealed the ruling, claiming that the right to claim the fees had lapsed and that the municipality had sued the wrong party. The tenant also asserted that she had vacated the property in 2015 and was not responsible for fees incurred after her departure. An expert appointed by the municipality confirmed that the tenant had indeed left the property in 2018, and calculated the total amount owed to be 1,212 dinars for the period between 2014 and 2018.

Upon reviewing the expert’s report, the appeals court agreed that the tenant had vacated the property in 2018 and that the total amount due was 1,212 dinars. The court pointed out that the municipality had filed the lawsuit in 2023, more than five years after the fees became due, making the claim time-barred. The court also found that there was no evidence to support the municipality’s claim for fees beyond the date the tenant vacated the property.

In its final decision, the court overturned the lower court ruling and dismissed the municipality’s claim due to the statute of limitations. This case serves as a reminder to both landlords and tenants to be aware of the legal time limits for pursuing claims, and to ensure that all parties involved have accurate information regarding tenancy agreements and fees owed. The ruling highlights the importance of abiding by legal obligations and seeking legal representation when dealing with disputes related to property tenancy and municipal fees.

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