DCC 270/2001
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
General Employment & Labour Law, General Company Law & Business Entities, General Contract Law
Copyright
LexisNexis
Decision date
18 Nov 2001
Catchwords
Arbitration – Subcontracting work – Contract – Payment conditions – Signature of contract – Clauses – Agreement – Material damages – Moral damages – Accessory claim – Offer and Acceptance – Appellant company – Respondent company
The Court of Cassation looked at a case concerning a lawsuit filed by the appellant company requesting an order compelling the respondent company, and two other litigants, who were part of the company to be jointly liable to pay material and moral damages for their refusal to sign a contract after having initially accepted the contract clauses and payment conditions. The Court upheld the appealed judgment, which rejected the original and accessory claim on the basis no party shall intervene in the lawsuit in which the appealed judgment was rendered, if it is not litigant in the same, except for those for which the judgment is considered an argument and that the agreement between the appellant company and the respondent company was not originally concluded.
Court Panel: Presided by Judge Mohammed Mahmoud, President of the Court, and the membership of Judges: Zaki Ibrahim Al Masri, Ahmed Nasr Al Jundi, Abdul Menhem Mohammed Wafa and Fathia Mahmoud Kurra.
After perusal of the documents, the hearing of the report recited during the session by the Judge, and after deliberation,
Whereas the appeal has fulfilled its requirements in form,