02 July 2022
03 Thul-Hijjah 1443
عربي
The Court
Having reviewed the documents, heard the report read out by the rapporteur judge, and the litigations; and after the deliberations. The facts, as revealed by the appealed judgment and other documents, may be summed up as follows; that the Respondent brought against the Appellant the claim No. 1316/2006, applying for a judgment terminating the Appellant’s lease contract regarding the property the subject-matter of the dispute as of 9.5.2006, with delivery thereof, ordering the payment of the rental value due until the date of the judgment, and compensation for delay in the payment of rent and retention of the property. The Respondent applied, alternatively, for a judgment rescinding the contract for non-payment of rent for non-payment of rent. The court issued a judgment dismissing the claim. The Respondent lodged an appeal No. 709/2008 against the said judgment. On 26.1.2009 the Appeal Court ordered eviction, and otherwise affirmed the appealed judgment. He appellant lodged an appeal by cassation which was presented before this Court at the deliberations chamber, and a session was fixed for its consideration. It is established, as a basic rule, that it is the minister who should represent his ministry in claims and appeals brought by, or against, his ministry, or a department or directorate subordinate to such ministry. However, if juristic personality is bestowed on a certain entity thereof, and the capacity to represent is endowed to a person other than the minister, such capacity shall then be enjoyed by such other person, within the limits prescribed by the law. The Law No. 16 of 1998 establishing the National Council for Culture, Arts and Heritage has, under Section 1 thereof, endowed such Council with juristic personality. Under section 9 it provided that “the Chairperson of the Council shall represent the Council in its relations with others and before the courts”. In the mean time, Amiri decree No. 1 of 2008 on the Reshuffling of the Council of Ministers has appointed a Minister of Culture, Arts and Heritage, but without abolishing the Council, established by virtue of the aforesaid Law No. 16 of 1998, or appointing the Minister as chairperson for its Board of Directors. Accordingly, such Minister would not enjoy the necessary capacity to represent the Council before the courts, and as such Minister has lodged an appeal by cassation as a representative of the National Council for Culture, arts and Heritage, such appeal should not be admissible for lack of capacity on the part of the person lodging it.