ADCC 153/2007

The original dispute involved a request for the confirmation of a contract's validity and the payment of a profit share in a company. The key issue was that the expert had not looked at the company's accounts and books and instead had reviewed a report by a specialised consultant.

Background

A claimant filed a case against a defendant and requested the court confirm the validity of a contract signed on 06/10/1994 and that it confirms he had been paid his share of a company's capital and share of the profits from February 1993 until the date the case was filed. He stated the defendant had not paid his share of the profits since February 1993.

The defendant filed a case against the claimant and requested the court to dismiss the contract signed on 06/10/1994.

The court ruled that the defendant should pay the claimant 202,646.56 AED.

The court rejected the defendant's case.

The defendant appealed the ruling before the court of appeal. The court of appeal upheld the ruling.

Decision

The defendant appealed the ruling before the court of cassation. The court repealed the ruling and referred the case to the court of appeal for reconsideration.