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Oman law Update

Amendments were recently brought in to the Oman Civil and Commercial Procedure Law with effect from 31/10/2005 following the issuance of the Royal Decree No: 92/2005 which was also published in the Official Gazette No: 802 of 1st November 2005. The text given herein below is a near English translation of the official text in Arabic of some of the most important amendments brought in and shall not in any manner be construed as an official translation to English.

 

Enhancement in the Pecuniary Jurisdiction of Courts.
    Under the existing law, the pecuniary jurisdiction of the Primary Court (Single Judge Panel) was limited to adjudicate claims of maximum value of OMR 15,000/- only. As per the recent amendment, a Single Judge of the Primary Courts have the jurisdiction to try and dispose of cases whose value is OMR 70,000/-.
Cases pertaining to Taxation, Banking Transactions, Unvalued claims can also be filed before a Single Judge of the Primary Court.
The Single Judge is also empowered to pass interlocutory orders on matters presented before him.
Execution of final Judgements/ Interlocutory Orders:

    In the matter of execution of final Judgement or enforcement of interlocutory order, Article 418 has been amended to the effect that the courts are now empowered to issue orders for the arrest of the Judgement Debtor and to detain them in prison till such judgements/ orders are enforced. However, the court may review its detention order or may renew its previous order and continue the detention for two months renewable for a period of six months consecutively.

    Article 421 of the Civil and Commercial Procedure Law also now stands amended to the effect that in the matter of execution of final Judgement or enforcement of interlocutory orders against Juristic Person, the courts can now issue arrest and detention of the GM/ AGM of such Juristic entity recognised under the Commercial Company’s Law.

Delegation of Authority to appear before Courts.

    As per the new amendment carried out to Article 80 of the Civil and Commercial Procedure Law any person/office who is authorised to appear for a person before any courts of law is barred from delegating such authority to another person unless it is explicitly mentioned in the Power of Attorney.

Summoning a person before a Court of Law.
    As per the amendment brought to Article 86 of the Civil and Commercial Procedure Law, any person who has been twice summoned by a Court of Law and if such person so summoned has failed to personally present before such Court of Law can now be ordered to be arrested by the ROP and produced before the Court if the Court in its discretion finds that the presence of such person summoned is vital to the adjudication of the case.
Public Prosecution and Adjudication of Appeal by the Supreme Court.
    Articles 90 b and Article 255 has been repealed, the effect of which is that the Public Prosecution need not be heard at all by the Supreme Court while hearing and disposing any case by that Court.
Appeals before the Supreme Court .
    A new sub-section as Article 248 (b) has been introduced. By this new sub-section, it is mandatory on the Supreme Court to review every appeal itemised before it prior to the issue of summons to the respondent/ appellee as to whether such appeals are barred by limitation, such appeals are supported by valid Power of Attorney and filed through lawyers qualified to appear before the Supreme Court besides reviewing whether any question of law is required to be decided in the Appeal as stated in Article 239 and Article 240. The Supreme Court is also empowered to strike off those issues which are not permitted to be raised before that Court for its decision.

Comments:-
We are hopeful that these recent amendments will definitely affirm the rule of law besides ensuring litigants that a judgement received in their favour will definitely be enforced and the judgement debtors are not free to roam about and avoid enforcement of judgements, thereby making the process of law and its enforcement meaningful, justifiable and for the cause of the betterment of a civilized society.



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