ADCC 547/2024
This case involved the enforcement of a commercial judgment through garnishment. A key issue was the notification provided to the third party.
Background
A judgment was issued in Case No. 1547/2019, Commercial Appeal, Abu Dhabi, ordering the fourth Respondent to pay the first Appellant AED 257,467.97, the second Appellant AED 71,621.67, and the third Appellant AED 71,621.67. This judgment was to be executed under Execution File No. 4597/2021, Commercial, Abu Dhabi.
On the 10 and 11 February 2022, and 17 May 2022, the Execution Judge ordered the first, second, and third Respondents to be notified to seize any receivables held by the fourth Respondent and to deposit them into the Execution File. The Appellants sent legal notices to the Respondents, but they neither deposited any funds nor acknowledged their debt. As a result, the Appellants filed a substantive execution lawsuit under Case No. 24/2024, Execution Suits, Abu Dhabi, seeking to compel the first, second, and third Respondents to pay the amounts owed to the Appellants, along with interest at 9% per annum until full payment, as well as court fees and expenses.
Proceedings
Court of First Instance – Decision dated 14/03/2024.