ADCC 517/2008
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Judiciary, Enforcement of Judgments, Lending & Security, Appeals
Copyright
LexisNexis
Decision date
27 Nov 2008
Catchwords
Argument – Judgment – Capacities – Personalities – Adversaries – Previous action – Current action – debtor – Appeal – Contested judgment – Erroneous – Expert’s report
The argument of the judgment is based on the capacities and not the personalities of the adversaries. The judgment issued on a previous action against the appellant in its capacity as a surety shall not be held as a res judicata on the current action filed against the appellant in its capacity as a debtor. The appeal in cassation shall not be approved in case the objection is based on one ground not stated in the contested judgment. The judgment shall not be considered erroneous due to challenging that it is based on an expert's report that was issued on another action, since the objection has nothing to do with the contested judgment.