ADCC 406/2008
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Judiciary, Litigation Procedure & Practice, Lending & Security, Payment & Payment Systems, Financial Institutions
Copyright
LexisNexis
Decision date
18 Sep 2008
Catchwords
Expert – Action – Investigation – Litigant’s rights – Dependant – Assessment – Trial court – Principle – Cheque – Debt – Drawer – Warrant – Beneficiary – Commitment – Transactions – Expert
Delegating an expert in the action or referring it to investigation is not considered one of the litigant's rights that must be replied to. It is instead considered to be dependent on the assessment of the trial court. In principle, a cheque has a legitimate cause and it is a method for fulfilling a debt payable on the drawer or the share warrant. In his relation with the beneficiary, the drawer may state that there is no reason for issuing a cheque or that it is a guarantee for implementing another commitment or that the relation between them has been revoked. A cheque is considered an alternative to money in transactions and has, in itself, the reason for dealing therewith. Fulfilling a due debt is considered to be on the behalf of the party to whom it was issued or that for him the cause of cheque was transferred, unless the drawer proves otherwise. Submitting a request to delegate an expert to examine the institution's registers and documents is not considered a proof that there is no reason for issuing a cheque.