DCC 141/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Civil Evidence, Payment & Payment Systems, Civil Courts
Copyright
LexisNexis
Decision date
11 Jun 2005
Catchwords
Contract – Obligation – Commitment – Surety – Principal – Right of beneficiary – Cheque – Guarantee – Trial court – Facts – Evidence – Presumptions – Documents – Debt
The identity of the suretyship contract and the obligation of the surety to fulfill the commitment towards the person subject of the surety shall be deemed a part of the principal commitment. Right of beneficiary depends on amount of the cheque issued by drawer as guarantee. The authority of the trial court to conclude the facts on the case and consider the evidence, presumptions, and documents. The respondent shall be obliged to bear the amount of the cheques issued to the appellant as a guarantee to pay the debt of the principal debtor.
Pursuant to the perusal of the documents, and the reading of the summary report by...., and after deliberation,
Whereas the cassation has fulfilled all formal conditions,