Procedure for execution of court judgment
February 08 2019 11:41 PM
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By Dr Nizar Kochery /Doha

Question: I have obtained a judgment in a case and when I went to start execution of the judgment, the clerk at court said I must get an execution stamp. What is this and how can I get this?

LO, Doha

Answer: According to Article 128 of the Civil and Commercial Procedure Law, the copy of the judgment under which the execution will be undertaken shall be sealed by the court and signed by the Registry of the court, after affixing the executive form, and it shall only be delivered to the party that is interested in executing the judgment, and only when execution is permissible. If the Registry refuses to give the first executive copy, the applicant may submit a complaint petition to the summary judge in the court who issued the judgment to issue his order in accordance with the procedure prescribed in the part providing for Orders on the Application.

Punishment for
helping fugitive
Q: My friend was arrested for keeping some documents, which were handed over by his colleague for safekeeping. On enquiry, we came to know that the friend was arrested for supporting an offender and he does not have any direct involvement? The colleague has informed the police that the documents connected to the committed offence are with our friend. Even if our friend is not directly connected with the offence, will he be affected in any way? What will be the punishment under Qatar law for such an issue? Please advise.

IS, Doha

A: According to Article 200 of penal laws, any person who knows about a crime or a felony and helps the offender escape justice by lodging him or concealing relevant evidence shall be punished with imprisonment for a term not exceeding one year and/or a fine not exceeding QR5,000. If capital punishment is the crime’s penalty, the fugitive’s helper shall be liable to imprisonment for a term not exceeding five years. 

Restrictive covenant
for employees
Q: My employer requires every employee to sign a document which is an addendum to the employment contract. In the contract, the employee is restricted from being engaged in employment as per Section 43 of Labour. What is mentioned in the provision? Is it legal to have such a restriction when the new law has removed the provision of two-year ban? Please advise.

OC, Doha

A: According to Article 43 of the Labour Law, if the nature of the work allows the employee to become acquainted with the clients of the employer or the business secrets of the establishment, the employer may stipulate that the employee shall not compete with him or participate in any undertaking competing with him after expiry of the contract. The period of such undertaking shall not exceed two years. Such stipulation shall be valid only if it is restricted as to place and to type of the work to the extent necessary to safeguard the employer’s lawful interests. Though Law No. 21 of 2015 has abolished the two-year ban on employees to obtain work visa, the restrictive covenant preventing the employee from working with competitor still exists.

Recovering rent
dues from tenant

Q: We have re-rented a property to a family with the landlord’s permission. We have entered into a sub-lease agreement with the tenant. The tenant was prompt in payment in the initial months and later on there were payment delays. Now we have three months’ rent due. We have already paid the yearly rent in advance to the landlord. How can we recover the rent due from the tenant? Please advise.  

SK, Doha

A: The lessor can get the property 
vacated for non-payment of rent. As per rent laws, the tenant is legally obliged to pay rent in seven days from the due date. In the event of 
non-payment within the period, the lessor can file a rental case before the Rental Dispute Settlement Committee. In order to claim before the committee or court, the landlord should register the lease contract at the office for Registration of Lease Contracts at Ministry of Municipal Affairs and Agriculture. In case of sub-lease, the main lease agreement registration is required for the registration of the sub-lease agreement. The 
registration of both lease agreements is mandatory for bringing the claim.

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