DCC 281/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
29 Jan 2005
Catchwords
Essence of proof – Lawsuit – Trial judge – Duty judge – Jurisdiction – Objective cassations – Expert report – Prove the action
The essence of proof in the lawsuit. The trial judge alone, and not the duty judge, has the jurisdiction to make a decision on the adversaries' objective cassations regarding the expert report. The jurisdiction of the duty judge to adopt the report of the expert appointed by him in order to prove the action.
Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation
Whereas the cassation has fulfilled all formal conditions.