DCC 316/2007/1

This case involved who had guaranteed banking facilities paid to a company. The fact the document had been signed when bank did not negate its evidential value if the signature was not obtained by fraud.

Background Facts

The first Defendant was a company that was granted banking facilities from the Bank who was the Plaintiff.

The second and thirds Defendants, two other companies, guaranteed the payment of this loan.

The Defendants refused to reimburse this debt.

The third Defendant denied their signature and declared that they had signed a blank document and the provisions were added later on.

Proceedings

Claim no 477 of 2003 before the first instance commercial court of Dubai.

The Plaintiff requested asked for the Defendants to jointly and severally pay an amount of the money with a 15% interest.

The Court of first instance of Dubai imposed the requested payments.

Court of Appeal, Appeal No 362 of 2004, imposed a similar payment.

Cassations No 85 and 96 of 2006 before the Dubai Court of Cassation.

The Court of Cassation reversed the appealed judgments and transferred them to the Appeal Court of Dubai.