ADCC 440/2008

This case involved a claim by a company for compensation against a defendant who had not performed financial work appropriately for them. The company wanted the defendant to have to swear an oath. The court did not need to do this as the expert report showed there was no evidence of the fault which had been claimed.

Background

Two claimants filed a case against a defendant claiming they owned an agricultural materials company and veterinary clinic and the defendant was responsible for undertaking financial and administrative tasks but had failed to do his job efficiently. The claimants requested the court order the defendant to pay 382100 AED.

The court rejected the case because the claimants had not provided any evidence to prove their claim.

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

Decision

The claimant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had rejected their request to order the defendant to swear.