*** High Court Resolves Fishing Boat Dispute | THE DAILY TRIBUNE | KINGDOM OF BAHRAIN

High Court Resolves Fishing Boat Dispute

 

The High Administrative Court has settled a long-running fishing boat dispute, ruling that the vessel be registered in the plaintiff’s name after the defendant refused to take a decisive oath.

The plaintiff, represented by lawyer Jassim Al Isa, had initially paid for a fishing licence, later purchased and renamed the vessel, and even stood as guarantor for a bank loan used to buy equipment for it.

The dispute began following a khul divorce, when the first defendant presented himself as the owner of the boat and revoked a power of attorney that had allowed the plaintiff to manage and dispose of it.

During earlier proceedings, the evidence directorate found that the signature on the licence-assignment deed was forged. The court therefore dismissed the deed and proceeded to examine the case on its merits.

The judges ordered the first defendant to swear under oath that he was the true owner and that the plaintiff had not contributed to the purchase. However, he failed to attend two scheduled sessions, citing health reasons. Records showed he only visited a clinic the day after one of the hearings, and the court ruled his absence as a refusal to swear the oath.

Based on Articles 113 to 115 and 124 to 125 of the Evidence Law, the court inferred that the plaintiff was the rightful owner and ordered the authorities to transfer the boat’s registration to him.

Meanwhile, a separate attempt by the plaintiff to claim access to fishing equipment stored in a warehouse was dismissed because the items were not clearly specified.

The court ordered the plaintiff to pay legal costs and BD20 in counsel’s fees.

“After the forgery finding and the refusal to take the decisive oath, the court ordered registration of the boat in my client’s name,” lawyer Al Isa said after the ruling.