DCC 448/2002
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Civil Evidence, Appeals, General Health Law
Copyright
LexisNexis
Decision date
9 Mar 2003
Catchwords
Court of Appeal – Jurisdiction – Separate evidences – Defenses – Court of First Instance – Respondent – Power of law – Substantiating an appeal – Termination of a limited period – Disease – Death – Donation cancelation
The Court of Appeal shall have the jurisdiction to separate evidences, defenses, and new aspects of defense submitted to the Court of First Instance. Previous aspects of defense provided by the Respondent before the Court of First Instance shall be deemed provided by the power of law before the Court of Appeal, without the need to repeat thereof, pursuant to the effect substantiating an appeal. A termination of a limited period between the beginning of disease and the death for the disease that leads to right forfeiture by the donation cancelation shall not be required. The trial court shall have the jurisdiction to conclude the serious disease of the donor without a control of the Court of Cassation.
Pursuant to the reading of the documents, and the hearing of the report prepared and perusal by the judge (…) and the pleading and after deliberation.
Whereas the cassation has fulfilled all formal conditions,