DCC 219/2003

This case involved a company debt and who was liable for it when a number of the partners had not contributed capital to the company.

Background

The first Defendant was licensed as a limited liability company but the reality was that this company was established between the rest of the Defendants who did not contribute to the capital.

The Appellant dealt with it through the fourth Defendant manager, and the amount claimed was still pending in their account for the benefit of the Appellant, however, the Defendants refrained from paying this due which prompted the Plaintiff to file the lawsuit.

The Plaintiff claimed that the Respondent should give them 100,810 AED and interest at the rate of 12% from the maturity date of the debt on June 30, 1999 until settlement.

Proceedings

Court of first instance | Decision dated 28/05/2002

The court rejected the case.

Appeal at Sharjah Court of Appeal |Decision dated 24/02/2003

The Appeal was rejected and appealed judgment confirmed.

Appeal in Cassation before Dubai Court of Cassation