Sabah Omari v Mohamed Omari, Mustafa Omari and Guardianship and Management of Property Tribunal

Sabah Omari, the appellant, sought directions from the Guardianship and Management of Property Tribunal, with Mohamed Omari and Mustafa Omari as respondents, to allow her to visit their mother, Mrs Mariem Omari. Mrs Omari was deemed to be of unsound mind and her property and affairs were under the guardianship and management of the Tribunal. The appellant's primary concern was to establish visitation rights over Mrs Omari, which had been previously restricted by the Tribunal's directions. The matter came before the court for appeal against the Tribunal's decision on visitation hours.

The central legal issue in this case was whether the Guardianship and Management of Property Tribunal had the authority to make certain directions concerning the visitation of Mrs Omari, and if those directions were within the scope of its powers. Additionally, the court examined the procedural fairness of the Tribunal's decision-making process, particularly concerning the cross-examination of witnesses.

The court found that the Guardianship and Management of Property Tribunal had exceeded its powers when it made the fifth direction on 18 December 2006, as it was beyond the scope of the Tribunal to dictate the specific visitation hours. The court also held that the Tribunal's procedures did not meet the standard of procedural fairness, as it did not allow for adequate cross-examination of witnesses. As a result, the court set aside the Tribunal's direction regarding the visitation hours and remitted the matter to the Tribunal for reconsideration. Furthermore, the court extended the time for the appellant to appeal against the Tribunal's decision.

In conclusion, the court set aside the Tribunal's direction concerning the visitation hours, remitted the matter to the Tribunal for reconsideration according to law, and extended the time for the appellant to appeal. Each party was ordered to bear their own costs of the appeal.