ADCC 59/2007

The original dispute was taken by some heirs of a man who had owned a construction company in partnership with another person. The business had been transferred to the partner and the heirs wanted their share in the revenue. The lower court used the report of one expert which was very different from other experts. They should not have done that.

Background

The heirs of a deceased man filed a case against a defendant claiming the deceased man and the defendant had established many companies together in the construction industry. The business had been transferred to the defendant when the man died. The heirs stated that the defendant had benefitted from the business revenue. They requested the court to appoint an expert to estimate this revenue and order the defendant to pay their shares.

After sending an expert, the court ruled that the defendant should pay the heirs 128,384 AED.

The heirs and the defendants appealed the ruling before the court of appeal. The court changed the ruling by decreasing the amount to 105,396.75 AED after appointing three experts to evaluate the case.

Decision