ADCC 49/2009

The original dispute involved a shop business which had been bought and the seller and purchaser had both agreed to take on part of its debt following the sale. It was claimed the seller still owed an amount equivalent to the rent. The court had authority to decide on what the amount should be based on the documents.

Background

A claimant filed a case against a defendant and requested the court to order him to pay 670000 AED and annual interests. The claimant stated he had bought a shop from the claimant and on 10/05/2003 he had agreed to pay the shop's debt after transferring the shop's ownership. The claimant stated the debt amount he had agreed to pay was 1,800,000 AED and he had paid his share but the defendant had refused to do so. The claimant stated the defendant owed 670000 (the value of shop's rent) and he had paid this amount upon request from the defendant.

The court ruled that the defendant should pay the claimant 670,000 AED.

The defendant appealed the ruling before the court of appeal. The court changed the ruling by decreasing the amount to 422,083 AED and upheld the ruling.

Decision