Court Dismisses BD5,500 Claim Over Cracked Walls

TDT | Manama
Email : editor@newsofbahrain.com

A BD5,500 compensation claim fell flat in court after judges found the cracks in the walls were caused by rusting steel and damp, not nearby roadworks.

The homeowners had taken the Ministry of Works to court, arguing that a street improvement project had damaged their house.

However, their case was thrown out after judges found that the faults in the building had been there all along.

Blame

The homeowners blamed the ministry’s contractors for cracks in the walls and support columns stretching across both floors of their home.

Excavation work, street closures, and vibrations from resurfacing were among the complaints listed.

The family claimed the damage had affected rooms facing the street and sought BD13,700 in total compensation, citing both physical and emotional toll.

A private expert report submitted to the ministry’s damage claims committee argued that resurfacing, kerb-laying, and drainage work had weakened the structure.

Findings

The ministry responded with its own findings. Photos taken before any work began showed the damage was already in place.

A civil court agreed with the ministry’s account.

It ruled there was nothing in the case papers to suggest the house had been harmed by the works.

The court determined that the damage had appeared long before the project started.

Unhappy with the verdict, the claimants appealed, challenging the ministry’s expert findings and standing by their own.

No Reason to Overturn Verdict

However, the High Civil Appeals Court saw no reason to change course.

It found that the cracks had been caused by old, rusted reinforcement bars.

Years of rising damp had swollen the steel, splitting the concrete and leaving long cracks through the walls.

The judges also pointed out that the garage floor level had been set years earlier by the homeowners themselves. The ministry had maintained that level when repaving the road and installing a new sewage pipe.

Photographic Evidence

Further photographs taken before the contractor started digging showed that the same cracks were already there.

The court accepted the appeal in form but rejected it on factual grounds.

It upheld the original ruling and ordered the claimants to pay court fees, along with BD50 for legal costs.