ADCC 215/2024
This case involved a dispute over the enforceability and validity of a judgment previously issued in favour of the Respondent, where the appellant sought to annul the ruling. Res Judicata and jurisdictional error were considered.
Background
An Appellant had filed lawsuit No. 46/2020 to claim a total of debts and loans obtained from the Respondent, and the latter raised in their defence before the expert all the transfers and cheques that they had paid to the Appellant, including a transfer of AED 200,000, and then the Respondent filed a subsequent lawsuit No. 462/2021 to claim the same amount that was previously discussed in the first lawsuit, and the court ruled in their favour on the grounds that it had not been previously addressed in the first lawsuit, and its judgment was upheld on appeal No. 165/2021.
The Appellant made a request to annul the judgment issued in the latter lawsuit and its appeal, and to annul all the resulting procedural decisions and the execution decision No. 948/2021, and to refund the amounts awarded and compensation.
Proceedings
Court of First Instance – Case No. 462/2021