DCC 157/2008

This case involved a request for a travel ban for an individual who owed money because of a fraud. It was wrongly argued there was a lack of evidence of flight risk when a criminal ruling ordering deportation was provided.

Background

An Appellant applied for the issue of an order on petition No. 35 of 2005 to prevent the Respondent from traveling, and to deposit his passport in the court as the Defendant had seized 660000 AED from the Plaintiff using fraudulent methods. The Defendant was convicted in case No. 8912 of 2003 Dubai Misdemeanour and imprisoned for one year and then was to be deported.

In the lawsuit No. 589 of 2004 on 29/1/2005, the Defendant was obliged to pay the Plaintiff the amount and 5% interest from the date of the claim until of payment. On 1 December 2005, the competent judge ordered that the Defendant be prevented from traveling and deposit his passport in the court. The Defendant filed a grievance against this decision.

Proceedings:

Court of First Instance - Grievance No. 27/2008 - Decision dated 11/03/2008

The Court confirmed the grieved-against decision. The Complainant appealed this judgment.