ADCC 355/2008

This case involved failure to build buildings which had been subject of a formal tender. Both an expert and a specialist consultant had given opinions on the case. The court had authority to ignore the report by the specialist consultant.

Background

Two claimants filed a case against a company and requested the court to order the company to pay 422839 AED. The claimants stated they owned land and five villas were supposed to be built on the land by the company according to a formal tender. However, the company had failed to meet its commitments and caused them damage.

The court ruled that the company should pay the claimants 108543 AED.

The claimants and the company appealed the ruling before the court of appeal. The court changed the ruling by increasing the amount the company should pay to 280372 AED.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal the ruling had insufficient evidence of causation because the court had ignored the report made by a specialist consultant and recommended the claimants did not deserve compensation because they owned the project.