DCC 204/1997
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Civil Procedure & Administration of Justice, General Commercial Law, Lending & Security
Copyright
LexisNexis
Decision date
30 Nov 1997
Catchwords
Commercial acts – Bounced Cheque – Value – Evidence – Legality
The original dispute involved a bounced cheque. The key point was whether the defendant had been given sufficient opportunity to prove the legality of the cheque. The court held that the underlying obligation in drawing a cheque is a matter of fact substantiable by several kinds of proof. Commercial acts can be proved by all means without being limited to a minimum value.
Background
A claimant brought a claim against a defendant in a dispute over a 200,000 AED cheque that the defendant had drawn in favour of the claimant. The cheque bounced due to insufficient funds. Summary judgement was given in favour of the claimant and the defendant filed a claim against the summary judgement. The court of first instance affirmed the summary judgement and the defendant appealed. The court rejected the appeal and the defendant appealed by cassation. The defendant argued that the judgement had presumed the legality of the cheque, and as a result the defendant had been unable to prove the contrary.
Decision