DCC 331/2008

This dispute involved some bounced cheques which had been endorsed after they had been presented to the bank. Key issues included that the legal characterisation of such an endorsement was a transfer of rights. The court had been wrong after deciding this was the legal characterisation of the case not to rule on that basis.

Background

A Plaintiff filed suit No. 144/2006 against the Defendants requesting they pay 1.450. 000 AED and 12% interest per annum from the maturity date until the completion of payment on the basis that the Defendants had issued cheques number 556390, 556392 and 556391 for a total 1450000 AED. The Criminal Court ruled in case No. 659/2006 on 15-10-2006 to punish the Second Defendant for issuing a bounced cheque, and the Second Defendant was responsible with the First Defendant Company and payment of these cheques to the Plaintiff. The Plaintiff obtained the order on Petition No. 439/2006 to prevent the Defendant from traveling and to deposit his passport in the court treasury and then filed the case.

At the session on 20-2-2007, the Plaintiff entered a party as an opponent in the lawsuit and asked him to pay 50,000 AED.

Proceedings: