DCC 145/2004, 144/2004, 142/2004, 85/2004

This case involved an unpaid guaranteed bank loan to a company. A key issue was who was required to prove a claim the signature on the guarantee was forged. The case also considered if an individual who was not a partner but the license sponsor for the business was liable and issues when there was a ruling involving a joint debt.

Background

A Bank filed the action No 291/1999 against the Defendants demanding they jointly pay him 2,946,088/70 AED and 12%e interest annually as of the date of demand until payment and to order the validity of a provisional seizure No 1478/1999 on the basis that the Defendant company received banking facilities, with guaranteed by the rest of the Defendants, which led to the debt worth the demanded amount and refused to pay.

The Second Defendant claimed that his signature on the guarantee deed was forged and the Fourth Defendant pleaded not to hear the action for being filed before the time-limit and to reject it for being filed by someone who lacked standing in the matter.

Proceedings:

Dubai Court of First Instance | Decision taken on 31/03/2003