DCC 45/1993
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
General Civil Procedure & Administration of Justice, Remedies
Copyright
LexisNexis
Decision date
2 May 1993
Catchwords
Lapse of an obligation – Set-off – Debt – Contract - Cheque
This case involved the lapse of an obligation and set-off. It considered the definition of legal set-off and judicial set-off. A disputing party has the right to request judicial set-off be conducted even if the legal ground for the two debts was different. A legal set-off taking place coercively or by force of law requires the two debts to be of a known value and no disagreement has arisen on them. However, a judicial set-off which does not take place without a judicial ruling based on the request of the disputing party occurs when any of the debts does not meet the no-disagreement or known-value conditions. The disputing party may request conducting set-off even if the legal ground for two debts is not the same.
Judgment
Pursuant to the perusal of the documents, the hearing of the report read by the Judge Rapporteur/ ----------------, the pleading and after deliberation,
Whereas the cassation has fulfilled its formal conditions,