DCC 186/2009
This case initially involved the rescission of a contract where goods supplied were older than claimed. The key issue was the impact on the appeal of not paying the security deposit at the correct time.
Background
A first Respondent company filed a suit against the defendants one of which was from Turkey, the other from Germany, another from the UAE and another party in suit number 288 of 2005 (Commercial) - Dubai requesting the rescission and nullifying of a sales agreement subject because of the deficiency in consent, and to obligate the defendants jointly to pay the full amount for equipment sold valued at USD 3,428,500 which was equivalent to 12,616,880 AED and compensation.
Alternately they wished to reduce the amount of the equipment sold to $1,364,703 and oblige the Defendants to pay the remaining $2,063,797, equivalent to 7,553,497 AED, and compensation of 3,000,000 AED.
Alternately they requested the appointment of an expert to demonstrate that the equipment sold was old and used, that had been painted to look like new equipment from 2002, and to require the defendants to pay legal interest from the date of payment until full settlement.