ADCC 242/14
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
General Banking & Finance Law, General Commercial Law
Copyright
LexisNexis
Decision date
11 May 1993
Catchwords
Cheque – Evidence – Witness statements – No written Contract
This case involved the request for money issued in cheque form to be repaid after it was claimed terms of a contract had not be fulfilled. There was no written contract for the work and the bearer of the cheque had tried to claim as it in his favour he had no obligation to return the money. Witness statements were used to confirm the cheque was not directly cashable and had not been made out as a gift or to repay a debt.
Background
A claim was brought ordering the payment of 450,000 AED. The claimant stated they had given money in a cheque to the defendant to build a house, but the house had not been built. The court of first instance ordered the defendant to pay the amount claimed. The defendant appealed and the appeal court upheld the judgement. The defendant appealed by cassation arguing that the court had not taken witness evidence into account, and there was no written contract between the parties. He also argued that the cheques were in his favour and therefore his property, so he had no obligation to return them.
Decision