DCC 108/2004

The initial dispute involved the request for rescission of a contract. A key issue was whether the conditions existed for the appeal of a court of cassation decision.

Background

A party against filed action No 515/2002 against the petitioner demanding he pay 109,650 AED with the legal interest rate of 9% annually as of the date of judicial demand until payment.

The Plaintiff explained that on 07/11/2000 an agreement was concluded stating that the Defendant would import a car to the Plaintiff worth 182,000 DEM so they paid him part of the price worth 62,695 DEM as a down payment which was the equivalent of the demanded amount however, the Defendant did not execute his obligation and refused to pay back the down payment.

Proceedings:

Dubai Court of First Instance | Decision taken on

The Court referred the matter to investigation so that the Defendant would prove that the Plaintiff asked for the cancellation of the purchase of the car because he could not pay the rest of the amount due to his financial status.

Court of Appeal - Appeal No 634/2003 | Decision taken on 24/06/2003 | Appealed Judgment Confirmed