DCC 240/2005

The initial dispute involved cheques which it was stated had been provided as guarantees but had been used after the guarantee was settled. There was a previous judgment on the matter. The key question was whether the document provided as evidence had the necessary signature which did not need to be a written signature.

Background

A Plaintiff filed proceedings against two Defendants alleging that they had provided the Defendants with cheques as guarantees, and the guarantee had been settled. Following the settlement of the guarantee, however, the Second Defendant proceeded to file proceedings for the amount of the cheques provided.

The Plaintiff proceeded to file primary proceedings before the Dubai Court of First Instance under roll (288/2003) seeking the return of the said cheques and a declaration of indemnity against the two Defendants.

The Defendants produced, as evidence, documents from execution case (394/2004) and appeal (1619/2003) supporting the fact that final decisions had been issued with reference to the cheques.

The Plaintiff produced a document before the Court of First Instance attesting the facts it alleged.