DCC 410/2011
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Conveyancing & Sale of Land, Rent & Service Charges, Jurisdiction & Choice of Law, Agency, Arbitration, Civil Evidence, Nationality & Citizenship
Copyright
LexisNexis
Decision date
25 Nov 2012
Catchwords
Conveyancing – Rent – Jurisdiction – Court – Agency – Arbitration – Evidence – Nationality
The initial dispute involved conveyancing which was not finalized. Key issues included whether the court had jurisdiction as there was an arbitration clause in the contract but there was a special law on jurisdiction where the property was in the area where non-citizens could purchase properly.
Background Facts
A Plaintiff concluded a sales agreement with the two Defendants under which he bought a residential apartment in the tower - for 1.394.410 AED. At the time of the contract, the Plaintiff paid 686.931 AED and agreed with the Defendants that the rest would be paid later. Afterwards, the parties agreed to deduct 50,000 AED from the price and pay the remaining 750.403 AED in three installments. The Plaintiff paid the first installment and before the deadline, they wanted to pay the to the Defendants under an official warning for handing over the sold apartment, but the Defendants refused to deliver the apartment because it was rented.