DCC 31/2005

This case involved a situation where there was both an assignment of right and a change to the cause of action.

Background

The Plaintiff (Appellant) a limited liability company filed the suit against the Respondent suit No 462 of 2003 (Civil) before the Dubai Court of First Instance requesting payment of 436,763 AED and 12% interest from the date of filing the lawsuit until full settlement.

The manager of the Plaintiff company entrusted the Defendant to undertake decoration work for the shop in return for 725305 AED. However, during the course of execution they discovered that the Defendant's execution actually amounted to 349421 AED but they claimed that they had not received the full amounts of receipt from the specialized execution company for the work which had required additional costs than those granted.

After having referred the issue to an auditing firm to examine the expenditure, it was found that the Defendant was obliged to return to some amounts claimed to the Plaintiff, which had compelled them to file the lawsuit.

Proceedings

Dubai Court of First Instance - Decision No 462 of 2003