DCC 236/2008

This case involved the payment of a bank debt by the heirs of a bank creditor. Areas considered included the calculation of net interest between the loan and deposits.

Background:

A Bank Filed suit No 727 of 2006 against the heirs of the legator, requesting a judgment to oblige them jointly to pay 600390.64 AED and 12% interest, as they had granted the deceased banking facilities, which were unpaid.

P roceedings:

Dubai Court of First Instance - Decision No 727 of 2006

The Court appointed an expert in the proceedings. After having submitted his report, the court ruled to oblige the Defendants themselves and in their capacity to pay to the Plaintiff bank 400061.37 AED from the inheritance within the limits each within their share and pay 5% interest from the date of filing the legal claim until full settlement and rejected the suit on the Second and Third defendants.

Dubai Court of Appeal - Appeal No 143 of 2008 (Commercial) and No 144 of 2008

The Plaintiff bank appealed the decision in appeal no 143 of 2008 and Defendant appealed the decision.

Dubai Court of Cassation