ADCC 879/2024

This case concerned an appeal to the auction sale of a seized commercial property in execution proceedings, with the appellant alleging procedural defects in notification and sale conduct.

Background

On 24 June 2024, the Court of First Instance in Abu Dhabi, in Execution Case No. 24/2024, ruled on the auction of commercial property/land number …, awarding it to the highest bidder for AED ….  The ruling included the clearing of the aforementioned property from all liens and mortgages, instructing relevant authorities to register the property according to established procedures, delivering the property to the successful bidder, and ordering the latter to pay costs.  The judgment debtor appealed this ruling via Appeal No. 884/2024 (Commercial Appeal, Abu Dhabi). 

Procedures

Appeal Court – Decision dated 23/07/2024.

On 23 July 2024, the Court of Appeal, in chambers, decided to accept the appeal procedurally but rejected it on the merits, upholding the appealed decision and ordering the Appellant to pay costs. The Appellant then appealed this decision to the Court of Cassation.

Appeal before the Abu Dhabi Court of Cassation.

Submissions