DCC 98/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, Financial Institutions, Financial Services & Activities, Liquidation
Copyright
LexisNexis
Decision date
28 Nov 2004
Catchwords
Authority – Trial Court – Official Guardian – Liquidator – Debtors – Rule of Guardianship – Defendant debts – Permission – Competent judge – Letter of credit – Obligations – Bank and client – Expert report – Judgment – Request or pleading – Lacking substantiation – Reasoning
The authority of the trial court to assess whether the official guardian exceeding his authority. The liquidator's right to claim the debts due, which the official guardian failed to claim and collect. The court appointing the official guardian has no relation with the liquidator's task in terms of claiming payment from the debtors. The authority of the trial court to estimate whether the guardian exceeded the task entrusted to him under the rule of guardianship to reduce and drop some of the defendant debts without any permission from a competent judge. The letter of credit contract imposes obligations upon both the bank and the client. The authority of the trial court to assess the expert reports. The trial court must mention in its judgment the grounds for each request or pleading that would change the opinion in the action, otherwise it is deemed lacking substantiation and failing in reasoning.
Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation.
Whereas the two cassations have fulfilled all formal conditions.