DCC 34/2009

This case involved a claim for an unpaid amount on a sales contract. A key issue involved whether the correct procedure for appeal had been followed and if the power of attorney had been properly established when the company was from China. The case also considered provisions on forgery in the evidence law.

Background

The Plaintiff (Appellant) Company, the owner of a Foodstuffs Institution filed a Complaint No. 348 of 2004 before the Dubai Court of First Instance against the Defendant (Respondent) in his capacity as owner of an Institution for the provision of food, to adjudicate on US $ 953,970,038 or its equivalent in Dirhams of 2,393,531 AED.

This amount represented the remaining amount for foodstuffs which they had shipped to the institution owned by the Defendant under a sales contract between the parties.

Proceedings

Dubai Court of first instance | Decision No 348 of 2004 (Commercial) decision dated 16/05/2005

After appointing an expert, the court sentenced the defendant to pay the claimant company USD 653,738,78 or its equivalent in UAE Dirhams at the time of execution.

Appeal at Sharjah Court of Appeal | decision dated 2/04/2006