The Court

Having reviewed the documents, and having heard the arguments and the report read out by the Judge-Rapporteur, and after the deliberations:
Whereas the facts – as revealed by the appealed judgment and other documents – may be summed up as follows:
TheRespondent brought his civil claim No.246/2005 applying, originally, for the alteration of the decision by the Central Grievances Committee so as to oblige the Respondent to pay to the Appellant the amount of 8,302,340 Riyals and, alternatively, to appoint an expert to assess the value of constructions made by the Appellant on the land leased to it, and to determine the damage sustained by it. The Appellant asserted further that according to a contract dated 1.1.2000, it leased from the Ministry of Municipal Affairs and Agriculture the land specified in the contract for a period of ten years to be used in ship works. The Respondent thereafter notified the Appellant of the premature termination of the contract and the issuance of a decision by the valuation committee fixing compensation in the amount of 608,700 Riyals. Accordingly, it complained before the Central Grievances Committee at the Expropriation Directorate, which decided to increase the compensation by 15 percent. Since such compensation was less than what is deserved, it brought the claim.
The Respondent pleaded in defence that the claim could not be entertained due to previous settlement by the decision of the Central Grievances Committee. The court rejected the defence and appointed an expert to submita report, after which the courtordered the Appellant to pay the Appellant the amount of 1,350,000 Riyals. The Respondent lodged appeal No. 289/2008 and the Appellantlikewise lodged appeal No. 302/2008, which the court combined before deciding on 29.12.2008(a)to quash the appealed judgment in appeal No. 289/2008 andtoadmit the defence that the claim could not be entertained due to previous settlement of such claim by the decision of the Central Grievances Committee No. 2038/84590, dated 16.3.2005;and (b) to reject appeal No. 302/2008. The Appellant appealed the latter judgment by way of cassation; which was presented before this Court at the deliberations chamber, whereupon ahearingsession was fixed for its consideration.
Whereas Section 4 of Law No. 12 of 2005 on Appeal by way of Cassation provides that this Court, in line with its established jurisprudence, may ex meromotu entertain an argument relating to public order even if such argument is neither included in the statement of appeal nor has been raised by a party. Section 6 of the said Law provides that the Appellant, upon the submission of the statement of appeal, shall submit therewith the power of attorney for the legal attorney authorised thereby to sign such a statement, failing which the appeal shall become inadmissible. The Court may so decide ex meromotu. The objective is to ascertain the validity of the power of attorney and whether it encompasses appeal by cassation. If the power of attorney is issued by the legal representative of the juristic person, the legal attorney authorised to conduct the appeal shall submit with such power of attorney evidence of the legal representation capacity of the juristic person in whose name the appeal was conducted, so that the Court may ascertain such capacity, and the extent of its power to authorise a legal attorney to conduct appeal by cassation on behalf of the juristic person so represented.
Therefore, and whereas the legal attorney conducting the appeal has submitted with the statement a power of attorney issued thereto by (--) in his capacity as representative of the Appellant company without submitting, up to the point where the appeal is retained for the pronouncement of judgment, evidence that such principal is the legal representative of such company, according to its legal structure, which would enable the Court to ascertain the legal capacity of such principal and the extent of its power to appeal judgments by way of cassation and authorise legal attorneys for that purpose. Such requirement may not be disposed of by submitting an unofficial copy of the power of attorney issued to another person by the chairman of the bank’s board of directors for representation of the bank before the courts. The appeal shall accordingly be judged as inadmissible.