DCC 176/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Types of Contract, Limitation of Actions, Litigation Procedure & Practice, Payment & Payment Systems, Appeals, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
11 Nov 2008
Catchwords
Murabaha contract – Contract of Sale – Contract of Supply – Statute of Limitations – Litigation procedure – Evidence – Expert – Translated Documents – Cheques – Appeal – Court of Cassation
This case involved an unpaid Murabaha contract. A key issue was whether this should be characterised as a sale or supply contract as this impacted the statute of limitations. The case also looked at whether the expert report had been deficient. The fact the expert had used foreign language source documents would only have an impact if this meant he had misunderstood them. Evidence of this type should not have been brought to the court of cassation.
Background
A Plaintiff bank filed suit No 103 of 2007 (Commercial) with the Dubai Court of First Instance against the Defendant he pay 547.050 AED for a debt owed to the bank, and fulfil payment of the cheques issued to the bank, which were returned and were subject of a criminal suit No 1196/2006.
At the same time, the Defendant filed against the Bank, under Roll No 214 of 2007 requesting the court appoint an accountancy expert to review the loan account with the Bank, which was the subject of the cheques where payment was requested, and demonstrate what was due from him to the bank.
Proceedings: