DCC 245/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Civil Procedure & Administration of Justice, Civil Evidence, Appeals
Copyright
LexisNexis
Decision date
22 Jan 2006
Catchwords
Decisive oath – Res judicata effect – Evidence – Witnesses – Appeal – Cancelled Engagement
This case involved the return of amounts which had been lent and jewellery given by a couple who had cancelled their engagement. The key issue included whether it was possible to appeal when there had been a decisive oath and the impact of amendments to the oath formula. The case also looked at what happened when one party failed to bring witnesses.
Background
The Appellant filed suit No. 133 of 2004 before the Dubai Court of First Instance against the Respondent, requesting they pay him 31,500 AED and 9% interest from 17-4-2002 until full payment, as based on the existence of a bond of friendship between the parties, the Defendant borrowed from him the amount claimed to be paid in three instalments. The first one of 3,000 AED was received on 17-3-2002 and the second instalment of 27,000 AED, was received on 19-3-2002 through Kuwait National Exchange Company and the third instalment of 1,500 AED was to be paid within a month, but the Defendant did not pay this amount.