DCC 191/2003

This case involved who was liable to pay after a cheque was only signed by one of the required signatories. It also considered the time limit for making a claim.

Background Facts

The First Respondent a travel and transport company filed suit No. 828 of 2000 against the Second Respondent and the Appellant before the Dubai Court of First Instance requesting they pay 33,963 AED and 12% interest from the maturity date until full payment on the basis that the Second Defendant( the Appellant) issued cheque No. 145317 in his capacity as the manager of the First Defendant Company from the account of this company. However, the bank refused to pay the cheque because the cheque did not contain a second signature and since the Defendants refused to pay the value of the cheque, the Plaintiff filed his lawsuit.

Proceedings:

Court of first instance - Decision 19/3/2001

The Court of First Instance obliged the Defendants to pay the Plaintiff the amount claimed and interest of 9% from the date of filling the lawsuit until full payment. The Second Defendant appealed this judgment.

Appeal Court - Appeal No. 572/2001 - Decision dated 9/3/2003