DCC 14/2012
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Civil Courts, Enforcement of Judgments, Companies & Corporate Bodies, Water, General Real Property Law
Copyright
LexisNexis
Decision date
16 Sep 2012
Catchwords
Respondent company – Sale agreement – Appellant company – Units – Real estate project – Dubai waterfront – Obligations
The respondent company declared that according to a sale agreement it bought the appellant company all the units of the real estate project which planned to be developed and constructed on the land located in Dubai waterfront. The appellant company has failed to implement its obligations regarding completion of the project and conclusion of the deal.
After reviewing the papers, hearing the briefing report prepared and presented in the pleading session by the Judge-Rapporteur Hamed Makki and after deliberations.
Whereas the cassation has met the formal criteria,
Whereas, in the facts - as apparent in the contested judgment and the documents - the respondent has filed action No. 965 of 2010 - Completely Real Estate before Dubai Court of First Instance against the appellant company, requesting the ratification of the arbitration judgment issued by Dubai International Arbitration Center (DIAC) on 18-10-2010 in the Case No. 80 of 2009-Arbitration and giving the same an executive nature enjoying the strength of a writ of execution.