DCC 221/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Company Law & Business Entities, Lending & Security, General Civil Procedure & Administration of Justice, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
29 Sep 2003
Catchwords
Litigation Procedure – Res Judicata – Debt – Partnership
This case involved a claim by a former partner for his fellow partner's share in a debt. The court was wrong to rule this was res judicata because of an earlier case. The earlier case had been between a third party and the two partners. This case was one partner claiming the other partner paid their share of that debt, so the parties were different.
Background
An Appellant filed suit No. 2002 before the Dubai Court of First Instance, requesting 48,250 AED and 12% interest from the date of the claim until full payment. The Plaintiff explained that on 20/4/1993 he contracted with the Defendant to manage and invest in a trade license for a period of three years from 20-4-1993 until 20/4/1996 and they agreed on their responsibility for the debts that may be incurred by the institution during the contract.