The Supreme Court Annuls Ruling number 707/Cv-C/2017 of the Civil Court

The Supreme Court of the Maldives has annulled ruling number 707/Cv-C/2017 of the Civil Court on 16 February 2017. The ruling of the Civil Court which stated that as per section 8 of the terms of the agreement signed between the Government of the Maldives and Marine Technology Maldives Pvt Ltd to develop Vaavu. Bodumohoraa as a tourist resort, an agreement shall be signed within 7 days from the date of 16 February 2017, is in contradiction to the Supreme Court’s decision number 2017/SC-L-J/101 to application for appeal and the Attorney General of the Maldives had filed a case requesting to take action on the matter.  The decision to annul the Civil Court’s ruling number 707/Cv-C/2017 by the Supreme Court of the Maldives is in line with Article 145 (c) of the Constitution which stipulates that the Supreme Court has the final authority on matters related to the courts.

The court order number 2017/SC-SJ/03 of the Supreme Court of the Maldives which annulled the ruling number 707/Cv-C/2017 of the Civil Court highlighted the following issues.

  • As per Article 13 of Act Number 91/4 (The Contract Law) the State had submitted a case to the Supreme Court of the Maldives requesting to annul the joint venture agreement signed between the Government of the Maldives and Marine Technology Maldives Pvt Ltd on 14 January 2014 to implement Ruling Number 1456/CV-C/2012 of the Civil Court. And Ruling Number 2017/SC-L-J/01 of the Supreme Court of the Maldives given on appeal application stated that the Government of Maldives and Marine Technology Maldives Pvt. Ltd had not signed an agreement on the lease of Vaavu Bodumohoraa which places the Government under any obligation to execute the contract and that the legality for such an obligation did not exist either.

 

  • It was decided in Ruling Number 2017/SC-L-J/01 of the Supreme Court given on appeal application that in accordance with Act Number 99/2 (The Maldives Tourism Law) and other related Acts, regulations, principles and procedures, leasing Vaavu Bodumohoraa to Marine Technology Maldives Pvt Ltd and reaching an agreement is at the discretion of the Government of Maldives.

 

  • On 16 February 2017 the Civil Court adjudicated the matter and in direct contravention to ruling number 2017/SC-L-J/01 of the Supreme Court, issued a ruling (Number 707/Cv-C/2017), which ordered the Government of Maldives to sign the contract under section 8 of the terms of the agreement signed between Marine Technology Maldives Pvt Ltd and the Government on the lease of Vaavu Bodumohoraa for the development of a tourist resort.
  • The ruling number 2017/SC-SJ/03 of the Supreme Court of the Maldives which annulled ruling number 707/Cv-C/2017 of the Civil Court, was given with reference to Article 141, Article 143(d), Article 144, Article, 145(c) of the Constitution of the Maldives and Article 20(a), (b) and Article 22 (a) of Act number 2010/22 (Maldives Judicature Act) and Article 86 of the Maldives Supreme Court Regulation.

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