ADCC 1111/2023
This case involved a writ of execution for an unpaid amount which had been invoiced for services. Issues included whether a payment certificate was needed before this procedure could be used.
Background
A Respondent filed a request for a writ of execution, requesting that the Appellant be ordered to pay AED 7,123,321, which was the remaining amount due as stated in invoices signed and stamped in exchange for work it performed, and a delay in payment of 12.5% from the date of filing the lawsuit until full payment. This was based on the argument that, pursuant to four contracts of construction concluded between the parties in four projects, the amount in question was due from the Appellant, who refused to pay despite being ordered to do so.
Proceedings
Court of First Instance – Decision dated 31/01/2023.
The request for a writ of execution was granted, and on 31 January 2023, the competent judge issued an order ordering the Appellant to pay the Respondent AED 7,123,321 and interest at a rate of 5% per annum from the date of the claim on 30 January 2023, until full payment, not exceeding the amount awarded.