DCC 82/2024

This case involved a forfeiture of appeal rights in execution proceedings concerning a property seizure dispute, focusing on the calculation of statutory appeal deadlines in urgent enforcement matters.

Background

A Respondent filed a request in execution proceedings No. 1875/2022 to cancel the seizure of property No. .... in Abu Dhabi on the grounds that they were married ... and had ... children. Based on the text of Article 242 of Federal Decree-Law No. 42/2022, on the Promulgation of the Civil Procedure Law, it was not permissible to seize the property because they lived in it and they were citizens. It was not feared they would escape or smuggle their money, and that they were burdened with debts.

Proceedings

Execution Court – Decision dated 22/11/2023,

On 22/11/2023, the Execution Court issued a decision to cancel the seizure of the property referred to above. The Appellant appealed this decision by Appeal No. 2539/2023.

Appeal Court – Appeal No. 2539/2023 – Decision dated 21/12/2023.

On 21/12/2023, the Court of Appeal ruled that the Appellant had lost the right to appeal. The Appellant challenged this judgment by way of cassation.

Appeal before the Abu Dhabi Court of Cassation.

Submissions