Background

The Appellants submitted the grievance No 7 of 2009 requesting the cancellation of a provisional seizure decision issued in the file No. 1/2009 on the basis that the Respondent had reserved with the claimant the eighth floor in a project in Dubai. The agreement was to pay 10% to reserve the property, but the Respondent paid only 5% and did not pay the amount due on 15-10-2008.

However, based on the Respondent's request, a provisional attachment was imposed on 12-2-2009 on real property, movables and accounts of the claimant.

Proceedings:

Court of first instance - Decision dated 16/6/2009:

The Court of First Instance dismissed the grievance and upheld the grieved-against decision No 1/2009.

Appeal Court - Appeal No 7/2009 - Decision dated 19/8/2009:

The Appeal Court rejected the appeal because the right of appeal was extinguished for not appealing within the time-limit of appeal.

Appeal in cassation before the Dubai Court of Cassation