DCC 316/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Civil Courts, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
25 Apr 2005
Catchwords
Document – Issued – Signatory – Authentication – Signature – Genuine – Clear grounds – Cassation – Trial Court – Consideration – Defence – Outcome of the action – Contested judgment – Attributed signature – Insufficient substantiation – Failure in reasoning
The document is deemed to have been issued by the signatory. The extent of authentication required when the opposing party denies that the signature is genuine. The trial court alone may judge the authenticity of the signatures on the document. The judgments shall include clear grounds reflecting the understanding of the facts of the case and these grounds will enable the Court of Cassation to consider these judgments. The trial court shall take into consideration in its judgment grounds any defence might change the outcome of the action. The contested judgment regarding the appellant company documents and attributed signature in general without showing details of how this decision was reached in the action documents is deemed insufficient substantiation and failure in reasoning that necessitates its cassation.
Pursuant to the perusal of the documents and the hearing of the summary report read by the judge ………, and after deliberation.
Whereas the cassation has fulfilled all formal conditions, and