DCC 122/2007

This case involved a suit filed by a father for his minor son. A key issue was whether the Public Prosecution should have been informed and that the child was not a minor.

Background Facts

A second Respondent filed a suit against the third Respondent in his capacity as tutor of his minor son suit No 809 of 2005 requesting a judgment to oblige him to pay 45,000 AED Dirham, based on the fact that on the 05-09-2005 the defendant received from the from the second Respondent (Plaintiff in the first instance) in trust in accordance with two signed receipts which he undertook to pay on demand.

However, the third Respondent (defendant) refrained from paying back the amount without right despite repeated friendly requests to do so which prompted the Plaintiff to file the lawsuit as guardian of his young son.

The public prosecution appealed the judgment in cassation, since it was a matter related to an incapacitated person which demanded their intervention.

Proceedings

Court of first instance | Decision No 809 dated 7/02/2006

The court held that the Defendant should pay the Plaintiff 45000 AED.