DCC 247, 268/2005

This case involved the validity of a sales contract for some land and whether the land should have been transferred. Key issues included whether a time bar could be claimed and if the expert report was faulty as it had considered issues of law not fact.

Background Facts

The Plaintiff in the original proceedings had previously filed proceedings under roll (75/1998) before the Dubai Court of First Instance seeking a ruling against the Defendant in the original proceedings on the validity of a sales contract for a parcel of land that the Defendant owned jointly with others.

The Plaintiff in the original proceedings sought the validity of the sale, and in support of its position, gave the court cheques that it had provided to the Defendant in the original proceedings supporting its position on the sale.

The Court of First Instance ruled in the original proceedings against the Defendant in the original proceedings compelling them to transfer their share of the land to the Plaintiff in the original proceedings based on an expert report presented by a court appointed expert.