ADCC 297/2009
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Sale of Goods, Remedies, General Contract Law
Copyright
LexisNexis
Decision date
30 Apr 2009
Catchwords
Sale of Goods – Contract – Remedies – Evidence – Bounced Cheque – Contra Purchase
The original dispute involved the non-payment for cars where the cheque which had been given to pay for the cars bounced. The company selling the cars had also made a contra purchase but money was still owed. The key issue in this case was the lack of evidence that the purchaser had purchased the cars. Although the claimant stated the purchaser had admitted to buying the cars they had not indicated which documents they were using to prove this and the purchaser's signature was not on the receipt.
Background
A company filed a case against a purchaser and requested the court to order them to pay 245875 AED and annual interest of 12% from the date the case was filed until the completion of the payment. The company stated the purchaser had bought two cars from them on 25/052002 and they had received three cheques which had bounced. The company bought jewellery from the defendant's shop for 144125 AED. This amount had been discounted from the cars' value but the purchaser still owed 245875 AED.
The court rejected the case because it had been filed against an irrelevant party.