DIFC 087/2021
As World Group Holding Limited v Sajid Barkat Al Barkat
This case involved the fiduciary duty of an employee who had been granted a power of attorney to operate a company. Damages were sought for breached of the fiduciary and contractual duties as various amounts had been paid from company bank accounts for the employee's personal benefit. He had put through a salary increase without authority, claimed payments which included the purchase of a house, payment of expenses and the registration of a car in his rather than the company name had been the result of gifts, loans and reimbusement of business expenses.
Background
A Claimant sought to recover damages from the Defendant as a result of alleged breaches of his fiduciary and contractual duties owed to the Claimant. It was alleged by the Claimant that the Defendant had paid amounts of money to and for his benefit in the sum of AED 4,139,278. It was the Defendant’s case that this was not an unjust enrichment instead he had acted within the knowledge and in the best interest of the Claimant and its sole shareholder, Mr Abdoulaye Senghor.