ADCC 945/2024

This case involved the appeal of an enforcement order against a company manager personally where a company was in liquidation. There had been a ruling the manager was not personally responsible.

Background

Some Appellants challenged enforcement proceedings (File No. 2271/2023) against the second appellant, arguing he lacked standing because a Court of Appeal ruling had overturned a previous judgment holding him jointly liable for a debt.  They filed Objection No. 59/2024, seeking an urgent order to halt proceedings, return funds improperly seized from the second appellant's personal assets, and include the (now deceased) amicable liquidator of the first appellant's company. Their argument centred on the assertion that the respondent had improperly seized assets far exceeding the debt owed, particularly given that the first appellant's company was in liquidation and possessed no assets. The enforcement officer's failure to conduct a proper inventory of company assets before seizure further supported their claim. 

Proceedings

Court of First Instance – Decision dated 01/05/2024.

The court appointed an accountant expert. After the expert submitted his report, the court ruled to accept the objection procedurally but rejected it substantively. The appellants appealed this judgment in Appeal No. 926 of 2024, Commercial, Abu Dhabi.