DCC 348/2009

This case involved a dispute of land held in common which was part of an inheritance. A key issue was whether the court was able to order the land be sold by auction to resolve the dispute.

Background:

Some Appellants filed suit No. 296/2008 against the Respondents requesting the division of some common property and specifying the share that was held in common according to Articles 1160, 1164, 1165, 1166 of Federal Law No. 11/1992 on the basis that the two parties were among the heirs of the deceased and had inherited their inheritance of the real estate outlined in the lawsuit. However, the twelfth Defendant had taken the inheritance and refused to end the joint ownership.

Proceedings:

Court of first instance - Decision dated 15/2/2009

The Court ordered the Land and Property Department in Dubai to look into the matter.

After the Land Department's expert filed his report, the Court decided on 15-2-2009 to sell the three properties described by public auction for the basic price concluded in the expert's report and distribute proceeds to the heirs. Some of the Defendants appealed this judgment.

Appeal Court - Appeal No. 235/2009 - Decision dated 18/10/2010