DCC 66/2007

This case involved a partnership where one partner had provided the other with cheques, then asked for their return. They had been cashed and bounced and the partner admitted he owed the money in a criminal case to avoid going to jail. The civil case was to claim what he had paid. The key issue was whether what was stated in the criminal case and ruling was evidence.

Background Facts

A Plaintiff (the Respondent in the Appeal) brought forward proceedings under roll (209/2006) before the Dubai Court of First Instance against the Defendant seeking payment for cheques previously cashed by the Defendant of one million AED.

The Plaintiff alleged that as part of a partnership agreement between them and the Defendant, they had previously issued two banking cheques to the Defendant for products that the Defendant would import into the UAE.

During the course of the transaction, the Plaintiff informed the Defendant that they needed to go abroad and wished to retrieve the cheques.

The Plaintiff then alleged as they left the country, the Defendant proceeded to gain possession of the two cheques and applied for their encashment.