ADCC 306/16
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi, United Arab Emirates
Taxonomy
Sale of Goods, Limitation of Actions, Appeals
Copyright
LexisNexis
Decision date
28 Feb 1995
Catchwords
Appeal – Time limit – Holiday – Sale of goods
The original dispute involved a claim for building supplies which had not been paid for. The key issue was whether the defendant was outside the time limit for appealing. It was confirmed the date the judgment was given did not count nor did national holidays in calculating this time limit.
Background
A claim was brought against a defendant ordering them to pay 105,186 AED for concrete supplied to the defendant which had not been paid for. The Court of First Instance ordered the defendant to pay the sum claimed and the defendant appealed. The appeal court dismissed the claim as it had not been filed until after the 30 day filing period. The defendant appealed by cassation arguing the court had not taken into account that the last day of the appeal period was a public holiday, so the 30 day period should have been extended by one day.
Decision