DCC 165/2005

The initial dispute involved a construction contract. The key issue was whether a partner who was also the manager of the company had legal capacity to file the case.

Background

The Plaintiff was a representative of a Company.

He concluded a contract with the first Defendant, another company for work related to a car park for Nissan cars.

The second Defendant interfered and requested the Plaintiff complete the work and they pay unpaid sums due.

However, at the due date, both Defendants refused to pay the due amounts.

Proceedings

Civil and Commercial Court of first instance of Dubai - Decision No 344 of 2001

The court requested payment by the Defendants of a certain sum with  interest.

The Court of first instance of Dubai, imposed payment on the first Defendant and rejected the Claim against the second Defendant.

Dubai Court of Appeal, Appeal No 469 of 2004

The court confirmed the judgment.

Appeal before the Dubai Court of Cassation

The Appellant alleged that the claim was filed by a party not having the necessary capacity to file it since the Plaintiff acted in his capacity as apartner when the Company had an independent legal personality.