A local man was ordered to pay over BND320,000 for a property after his appeal against an earlier judgement was dismissed yesterday.
Haji Mohammad Ardhini bin Haji Osman had been ordered by the Intermediate Court to pay BND138,055.56 to Haji Sarduni bin Haji Ahmat, the plantiff, with the amount representing the balance of the price for a property acquired in 2011.
The property was agreed to be purchased for BND490,000, according to the documents.
An additional BND183,000 was also imposed on the defendant for Haji Sarduni’s loss of use of the premises after Haji Mohammad Ardhini obtained possession of the property in April 2011.
The Intermediate Court decision was appealed, and the Court of Appeals found in favour of the plantiff yesterday.
The court also ordered the defendant to pay the cost of the appeal.
A second defendant in the case, Haji Mohammad Arnold bin Haji Osman, had won his appeal on a judgement of joint-liablity by the Intermediate Court.
The second defendant’s appeal highlighted an error in the Intermediate Court judge’s order, arguing that he should not be jointly liable with the first defendant to pay the specified sums to the plantiff.
The Court of Appeal concurred with this argument and allowed Haji Mohammad Arnold’s appeal, while ordering the plantiff to pay the second defendant the cost of the trial and the appeal.
The appellate court considered the intentions of both the plaintiff and the first defendant. It concluded that a letter of intent dated December 26, 2010, and a sales and purchase agreement post-dated April 1, 2011, constituted binding agreements between them.
Additionally, a separate sale and purchase Agreement dated February 28, 2011, was identified as a distinct agreement involving the plaintiff, first, and second defendants.
The defendants were representated by Evelyn Lee of law firm YC Lee and Lee while the plantiff was represented by Czar Cabading Calabazaron of Rudi Lee, Annie Kon and Associates. – Fadley Faisal
