ADCC 298/2025
The case involved the foreclosure of a residential property claimed to be exempt from seizure due to its use as the debtors’ primary home and its origin as a government grant. The legal issues focused on whether the seizure was permitted when the debt arose from the property's purchase, and whether developed government granted land could be legally foreclosed under execution law.
Background
An Appellant filed Case No. 2/2025 Execution Abu Dhabi against the Respondent, requesting a ruling to accept the objection procedurally, urgently suspend the contested decision until a final ruling was issued, and ultimately annul the decision. They argued the execution judge had ordered the seizure of their residential property and listed it for auction, which they claimed violated the law. According to the Appellants, the property was a grant and could not be sold, mortgaged, or disposed of in any manner, and they had no alternative residence for themselves and their children. Regarding the mortgage, they contended the contract was invalid, as the land could not legally be mortgaged or transferred. Based on these grounds, they filed the lawsuit.
Proceedings
Court of First Instance.