ADCC 131/2007

The original dispute involved a claim by an heir for their share of profits in a hotel license which had been transferred to the heirs of the person who had originally had it. The key issue in this case was whether the court of right to base its ruling on a report which related to a previous case, which was not about the same matter.

Background

A claimant filed a case against a defendant claiming his father had left a hotel licence to his heirs and that this licence had been renewed in the name of the heirs. The claimant stated the defendant had exploited the licence as a trustee of the claimant and as a legal agent of the heirs from father death's date on 09/01/1977 until 1988. He had not provided him with his legal share in the hotel's revenues. The claimant requested the court to order the defendant to pay the rent of the licence from 10/01/1977 until the demolition of the hotel on 30/10/1997 and to pay compensation for having ignored the licence from 30/10/1997 until 1998.

The court ruled that the defendant should pay the claimant 335490 AED and rejected the compensation request.