ADCC 780/2023

This case involved an individual who had issued a cheque as guarantee for a loan. The cheque had been passed to another party and they had claimed on it - and taken a criminal case. Issues included the res judicata impact of the criminal decision when different amounts were being claimed in the criminal and civil case. Also considered was interim compensation and compensation for breach of trust.

Background

An Appellant filed suit No. 1152 of 2022 against the Respondents, requesting the Court to compel them to jointly pay 755,658 dirhams and legal interest of 9% from the date of the claim until payment, in addition to 1,503,688.50 dirhams as compensation, with legal interest of 9% from the date of the claim until full payment.

The Appellant explained that at the beginning of 2016, it faced a financial crisis that forced them to search for a good loan, and accordingly they handed over to the First Respondent 50 blank cheques from their personal account to guarantee the loan.