DCC 241/2007

This case involved whether the owner of a company (who was also its manager) was liable to pay liabilities under a contract.

Background

A Claimant brought forward proceedings against a company and its owner; claiming damages for contractual breaches of the company in its failure to carry out obligations to produce and provide the claimant with gaming products as per the two's agreements.

However, the company's owner had never contracted through his person with the Claimant; but was nonetheless a key person in dealing with the Claimant in their capacity as the manager and owner of the company. As part of their management duties, the owner had previously included in his company's records (internally) provisions which he would cover its liabilities.

However, when his company defaulted, the Claimant sought to be compensated from him since his company was under liquidation at that point - but he refused, contesting the separation between himself and his company.

Proceedings

Dubai Court of First Instance - Decision No 755/2005