DCC 154/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice, Payment & Payment Systems
Copyright
LexisNexis
Decision date
12 Dec 2004
Catchwords
Litigants – Submit – Course of legislation – Pleadings – Cheque – Payment instrument – Legitimate ground – Failure – Obligations – Dishonour – Commercial premises – Licence – Trial Court’s authority
Litigants may submit their documents or during the course of legislation at the hearing of pleadings. A cheque is deemed to be a payment instrument based on an existing and legitimate ground to be required to pay the value and it is permissible to prove otherwise by providing evidence on the absence of a legitimate ground for the cheque. Failure of one contracting party to honour its obligations grants the other contracting party the right to dishonour its obligations without having to warn the other party. The sale of commercial premises comprises all its elements including the commercial licence unless otherwise agreed. The Trial Court's authority to conclude the extent to which the obligations were met and the contracting party's excuse for failing to carry out its obligation.
Having reviewed the case documents, read out the summary report prepared by the Honorable “………” Judge, heard the pleading, and after the legal deliberation;
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;