Page 406 - Records of Bahrain (7) (ii)_Neat

Records of Bahrain
796
- 0 * ,L .
in ltafan was the rogiotoi'od owner of a yfppp of lend and

a house (othor than the one popuyJLod hjir J>ef^lf) • The
title deed had heon loft for ojBtjpdy W*A the woman
claimed itB return. The m$\ Adored .jtik* had ool<i him

the land years previously, whiph s^e entirely, deniod. The
Defendant waa quite unable to produce any proof of the sale,
nor had ho taken any steps to haye hie title register©d with
the Land Department, The {xeldvthat regiBtered title
must proyail against alleged1 unregistered deal Inga otherwise
there ia no point in registration .of- i0'le# and this view waa
• " i• i.*!-‘i ,
upheld in the Appeal Court,.the man.pyd^rod to return
the dead,
. ':\.PWV. '
The Court does not try pylmlnai ,pasea, there being a
"concurrence" under Article 67 (2) of the Order that Buoh
caaeo should be tried "by the Court haying Jurisdiction oyer
tho accused*

Although tho trial of civil oases has not produced
any problems it must be admitted that jr.-rnorG.yby luck than
good management - nearly all are quite straightforward debt
casco which would probably be tried in muoh the same way and

produce the oume result in any court in the world assuming /HIT
the Judges to be disinterested. But on a long view it is
not thought thut there is any "future" for the Joint Court
unless and until it has a definite legal constitution agroad

by both sides and defining the law to be applied. This is
a subject for which no Order in Council has raado specific
provision. There hayq bepn pqqaeions wfcere the Arab Judge of
the Joint Court has wanted to refer the case to the Majlis
et-TuJura - which of cpursc 1$ the upual practice of the

Bahrain Courts in commercial dispute* - and the Hjuropesn
Judge has had to resist hi* cpllegguo, It does not yet
appear to be feorne in on.the Bahrain Courts that it will "bo
injurious to tho commercial status of Bahrain if the Bahrain
/Courts