DCC 239/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, General Insurance Law, Payment & Payment Systems, Lending & Security, Financial Services & Activities, Financial Institutions
Copyright
LexisNexis
Decision date
2 Nov 2003
Catchwords
Nature of capacity – Action – Drawer – Insure – Cheque – Legal holder – Negotiable – Endorsement – Definition of the payment – Debit
The case concerns the nature of capacity in the action and states that the drawer shall insure to pay out the cheque value to the legal holder. The holder of negotiable cheque through endorsement shall be deemed the legal holder thereof. The case gives the definition of the payment which discharges the debit. The mere drawing of cheque shall not discharge the drawer.
Pursuant to the perusal of the documents and the hearing of the summary report prepared and read out at the hearing by Judge: ……… and after deliberations.
Whereas the cassation has fulfilled all formal conditions; and
Whereas, in the facts - as apparent in the contested judgment and the documents - that …………….. has filed the action no. 287 Commercial Partial - before Dubai court of First Instance - against 1- …………… 2- ……………(appellant) - requesting to order the two to jointly and severally pay the amount of AED 34,600 and the legal interests thereon of 12% from the date of filing the action till the full payment.