ADCC 223/2024

This case involved two heirs - one of whom had been given a power of attorney by the other. They had sold shares but not remitted the money so damages were claimed. The key issue was whether the statute of limitations applied, especially as there had been a change of law in this area/

Background

A Plaintiff, one of the heirs of a deceased person, granted the Defendant (also an heir) power of attorney to manage her share of the inheritance, which included properties and shares in several companies. The Defendant abused this power by transferring the Plaintiff's shares into her own name, selling them, and keeping the proceeds. She also failed to hand over the Plaintiff's share of rental income and other funds received from the estate. Upon discovering this, the Plaintiff revoked the power of attorney and sued the Defendant for the misappropriated funds (around 4.9 million dirhams plus interest) and additional compensation (500,000 dirhams). The Defendant argued that her actions were authorised under the power of attorney and claimed the case was time-barred. The case involved expert opinions and the Defendant claimed that a separate case by the Plaintiff implied agreement with the Defendant's actions.

 Proceedings