Court Overturns Ruling, Rejects Municipality's Claim for 8 Years of Fees
TDT | Manama
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The High Appeals Court has overturned a lower court ruling that obligated a tenant to pay 2,880 Bahraini dinars in municipal fees spanning eight years. The court cited the statute of limitations, finding that the claim had become time-barred.
The case involved a dispute between the Southern Municipality and a tenant. The municipality had filed a lawsuit demanding payment of municipal fees for eight years.
Lawyer Mohammed Al Mannai, representing the tenant, argued in the lower court that the municipality lacked standing to sue, as the tenant had vacated the property in April 2014.
He provided evidence identifying the actual occupant of the property. However, the lower court ruled in favour of the municipality, ordering the tenant to pay the 2,880 Dinars.
The tenant appealed the ruling, arguing that the right to claim the fees had lapsed and that the municipality had filed the suit against the wrong party. The tenant also asserted that she had vacated the property in 2015 and was not responsible for the period after her departure.
An expert appointed by the municipality confirmed that the tenant had vacated the property in 2018 and that the total amount owed by the tenant for the period between 2014 and 2018 was only 1,212 dinars.
The appeals court, reviewing the expert's report, noted that the tenant had vacated the property in 2018 and that the total amount due was 1,212 dinars. The municipality had filed its lawsuit in 2023. Therefore, the court concluded that the right to claim the fees had expired after more than five years from the date they became due, rendering the claim time-barred.
The court further emphasised that the municipality's claim for fees beyond the date the tenant vacated the property in 2018, as established by the expert report, was invalid. The court found no evidence that the tenant owed any further fees after vacating the property.
The court ultimately overturned the lower court's ruling, dismissing the municipality's claim due to the statute of limitations.
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