ADCC 45/2007
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Judiciary, General Commercial Law, Appeals, Companies & Corporate Bodies, Enforcement of Judgments
Copyright
LexisNexis
Decision date
28 Nov 2007
Catchwords
Defendant’s capacity – Claim – Commercial firm – Litigate – Natural personality – Financial liability – Owner – Principle – Obligations – Firm – Suing the firm – Contested judgment – Action – Statement – Claim – Declaration – Notice of appeal
The defendant's capacity in the claim shall be available. The owner of the commercial firm shall have the right to litigate in its name as not having the natural personality or a financial liability independent from those of its owner. The principle of suing the firm owner in his name when claiming to carry out the obligations of the firm shall not preclude from suing the firm in its name or their names together. The contested judgment, by dismissing the action for being filed against the firm only without its owner although the firm is entitled with the name of its owner, and serving the owner with the statement of claim in person and his declaration of owning such firm in the notice of appeal necessitates its cassation.