DCC 24/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Appeals, Civil Evidence, Marriage, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
9 Jun 2009
Catchwords
Appeal – Court Authority – Witness – Evidence – Marriage - Separation
The initial dispute involved a separation and an accusation that one of the spouses had been guilty of bad behaviour. Key aspects in this case were the treatment of evidence and witnesses, and whether specific evidence which had not been covered in the lower court could be considered on appeal.
Key Legal Questions
If filing an appeal to transfer the subject of the dispute before the first instance court to the second instance court and to re-submit the dispute with all evidence, defence and requests to judge is a reason that faces the elements of the dispute both real and legal unless the appellant relinquished explicitly or implicitly.
If the burden of proving a case is on the applicant.
If it is permissible for a person to be a litigant and a witness at the same time as the witness statement requires, to prove a contradiction between the litigant and the person who attests.
If it is permissible for a litigant to provide evidence for themself against their opponent.