DCC 306/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Financial Institutions, General Criminal Law & Disposition of Offenders, Financial & Business Offences, Judiciary
Copyright
LexisNexis
Decision date
26 Feb 2006
Catchwords
Bank – Transfer – Fraud – Forgery – Evidence – Expert – Judgment – Judge
This case involved a claim of fraudulent bank transfers by a bank customer. A key issue was the form of evidence which should be used to investigate such a claim. The case also looked at whether the judges should have signed all pages of the judgment.
Background Facts
An Appellant (as a partner and agent of the commercial company) filed suit No. 101 of 2005 against the Respondent (Bank) before the Dubai Court of First Instance, requesting the bank pay him 285,000 AED and legal interest on the basis that they had several accounts at the Defendant bank. The Plaintiff was surprised by the fact that his accounts did not have enough balance to cover some of his transactions and that there were amounts that had been withdrawn and deposited in his accounts without his knowledge and t an internal withdrawal had been made of 116850 AED which was transferred to someone's account and 285000 AED was sent from one account to another account without the knowledge of the Plaintiff.