The Appellant which was a joint liability company engaged in trading equipment and machinery, on 22-5-1999 and 14-2-2000, under sales invoices issued by a contracting company bought four used air pumps for a total price of 23000 AED which was paid in cash and cheques to the seller. However, ithe Defendant company informed the Public Prosecution that they were the owner of the equipment and that it was seized by fraudulently by the person who had sold it to the Appellant company. The prosecutor presented the seller and the director of the company with a criminal prosecution in misdemeanour 2948/2000, they were charged with possession of a crime and convicted. The Company had the right, on the basis of Article 1326(1) of Federal Law No. 5/1985, to recover the equipment or its value, so the case was brought.

Proceedings

Court of first instance | Decision dated 27/11/2002

The court rejected the case.

Appeal at Sharjah Court of Appeal |Decision dated 11/03/2003