DCC 73/2008/1
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Insolvency Law, Auction, Civil Evidence, Civil Courts, General Landlord & Tenant, Receivership & Administrative Receivership
Copyright
LexisNexis
Decision date
25 May 2008
Catchwords
Insolvency – Receiver – Auction – Evidence – Expert - Court – Leaseholder
This case involved goods which it was claimed had been wrongly taken by a receiver as they belonged to a company which had leased the warehouse not the owner. The court was wrong to ignore a request for an investigation when the expert could not complete their work as the goods had been auctioned.
Background
The First Appellant company filed action No 131/2004 against the First Respondent (an expert in accounting) demanding the establishment of their ownership of the movables worth 500,000 AED which were seized on 18/01/2004 at their warehouse and were mentioned in the records of the seizure and signed in the execution No 4113/2003 and that they return the seized movables.