DCC 48/2008

The initial dispute involved whether some heirs were liable for a debt. A previous judgment had a res judicata effect in this case even if some of the points had not been raised in the first case.

Background

An Appellant filed suit No. 512/2005 in front of the Dubai Court of First Instance against the Respondents in their capacity as heirs requesting the Court to oblige them to pay 1.490957 AED and interest based on the fact that the Defendants had already filed suit No. 138/1997 for the appointment of an accountancy expert to determine the profits of their testator. The expert submitted a report in which he concluded their indebtedness was 1,490.957 AED. The Defendants appealed that judgment by appeal No. 394/1999. The Court reassigned the same expert to discuss the objections and, after submitting his supplementary report, the Court confirmed the appealed judgment. The Defendants appealed further in appeal No. 114/2001 but the Court of Cassation rejected the appeal.