DCC 61/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Real Property Law, Breach, Discharge & Rescission of Contract, Judiciary, Appeals, Litigation Procedure & Practice, General Commercial Law
Copyright
LexisNexis
Decision date
11 Apr 2010
Catchwords
Real Estate – Sale Agreement – Contract – Annulment – Instalments not paid – Refund of the Amount Paid – Indemnity – Breach of Contract – Claim – Subsidiary Appeal – Failure to Sign Decision – Litigation Procedures – Judges
This case involved a contract for the sale of a property where it was stated some of the installments due to be paid had not been paid on a timely manner. Key issues included whether an indemnity could be awarded if the contract was deemed to be annulled and if a specific Dubai law could impact the level of the indemnity. The status of a subsidiary appeal and the impact of the judges at first instance not following litigation procedures were also relevant.
Key Legal Questions in the Judgment
1. Definition of the subsidiary appeal.
2. Annulment of the decision in the event of a failure by members of the panel to sign on its draft containing the underlying grounds for the decision.
3. Devolved aspect of the appeal.
4. Duty of the court of appeal to settle the claim in the event of the annulment of the first instance court's because of a default involving the required formalities.