Tuesday, March 15, 2011

Focus on Litigation: The Enforceability of Omani Court Judgments

The enforceability of Omani court judgments is an issue which can cause concerns.

A Primary Court judgment is not enforceable, provided an appeal is filed with the Appeal Court no more than 30 days after the oral pronouncement by the Primary Court of its judgment.

However, an Appeal Court judgment is, prima facie, enforceable – even though an Appeal Court judgment can be appealed to Oman’s third and final tier of justice, the Supreme Court. As a result, the loser of an Appeal Court case is best advised to file an appeal to the Supreme Court, and also file an application with the Supreme Court, requesting the suspension of any enforcement of the Appeal Court judgment.

These scenarios are intricate and somewhat complex, so we recommend that detailed legal advice is sought as early as possible in order that rights are best protected.