DCC 76/2010

The initial dispute involved work paid for by cheque but not carried out. The first issue was whether there was a jurisdictional issue which had not been considered. The court also considered if there was evidence of duress and what was needed to provide an investigation into possible forgery was required.

Background

The Respondent submitted the order on petition no. 46/2009 before the Dubai Court of First Instance against the Appellant requesting 1.750.000 AED.

According to the transactions between the two parties, the Respondent handed over this amount in cash, part of as cheques, to the Appellant to complete some business for his benefit, but they did not perform the work or repay the amount. The Appellant was prevented from traveling and deposited his passport at the Court treasury. The Respondent sent him a warning but the Appellant refrained from paying.

Proceedings:

Court of first instance - Decision 11/5/2009

The Court of First Instance obliged the Defendant to pay the Plaintiff the amount claimed. The Defendant appealed this decision.

Appeal Court - Appeal No. 569/2009 - Decision dated 26/1/2010

The Appeal Court rejected the appeal and confirmed the appealed judgment. The Appellant appealed further.