DCC 259/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Appeals, Lending & Security
Copyright
LexisNexis
Decision date
12 Jan 2009
Catchwords
Appeal – Debt – Enforcement of Ruling – Judge – Agreement – Bank - Imprisonment
This case involved a request by a bank of an implementation judge to force a debtor to pay their debts. The debtor was imprisoned but later released and given 45 days to reach an agreement with the bank. The key question was whether this type of case could be appealed under Article 222 of the civil procedure law.
Background
A bank requested the implementation judge to order a debtor to pay and on 29/07/2008 the debtor was imprisoned for one month to force him to comply with the ruling. The judge released him and gave him 45 days to reach a clearance with the bank.
The debtor appealed the order that issued by the judge. The court rejected the appeal.
Decision
The debtor appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court of appeal had rejected the appeal and stated that this type of case was not included in Article 222 of the Civil Procedures Law.