DCC 167/2012
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
General Real Property Law, General Contract Law, Appeals, Judiciary, Litigation Procedure & Practice, General Construction Law
Copyright
LexisNexis
Decision date
23 Dec 2012
Catchwords
Real Property – Sales contract – Developer – Delay – Litigation Procedure – Litigants capacity – Judgment – Error – Appeal – Construction
This case involved a request to rescind a property sales agreement because no development had been done, although it had not yet reached the expected delivery date. The key issues in this case were whether it was possible to claim incapacity of a litigant at the court of cassation stage and if it was possible for a judgment to stand if it had an error in it which had been corrected.
Background
The first Respondent filed a suit No. 156 of 2011 against the Appellant requesting the rescission of a sale agreement concluded between them and requesting 1.284.016 AED and 12% legal interest from the date of the claim until full payment on the basis that the first Respondent had signed a sale agreement with the Appellant dated 15-10-2008 on the purchase of a property unit and the Appellant was the developer of the project.