Court Orders Businesswoman to Repay BD 10,000 Over Failed World Cup Tea Deal

TDT | Manama                                                      

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The Cassation Court has upheld a lower court ruling ordering a businesswoman to repay BD 10,000 (approximately USD 26,500 at the current exchange rate) to a client for failing to deliver a shipment of Sri Lankan tea in time for the recent World Cup.

As per the plaintiff's lawyer Intesar Al Asfoor, her client had agreed to purchase the tea for BD 23,000, paying BD 10,000 upfront. The tea was intended for sale during the World Cup, but the shipment never arrived, prompting the plaintiff to seek a refund.

The defendant, owner of a trading company, argued that the plaintiff refused delivery and claimed the agreement didn't specify a delivery date tied to the World Cup. However, witnesses testified that the defendant, through her husband, had presented tea samples to the plaintiff specifically for sale during the tournament. The agreement, they stated, stipulated a BD 13,000 balance payment upon delivery before the tournament's commencement. The defendant's witnesses, conversely, claimed no delivery date was specified.

The lower court ruled in favour of the plaintiff, citing the contract's breach. The court noted that in a sale agreement, the seller is obligated to transfer ownership of goods in exchange for payment.

Since the seller failed to deliver on time, the contract was deemed void, necessitating the return of the initial payment. The court emphasised that the agreement was clearly intended for tea sales during the World Cup, supporting the plaintiff's claim.

The defendant appealed the ruling, resulting in its reversal. However, the plaintiff appealed to the Cassation Court, which overturned the appeals court decision and reinstated the original verdict, ordering the businesswoman to repay the BD 10,000.