UAE 1/2013/1
Type
Case
Court
UAE Federal Supreme Court
Jurisdiction
Sharjah, United Arab Emirates
Taxonomy
Litigation Procedure & Practice, Judiciary, Civil Evidence, Conveyancing & Sale of Land, Registered Land, Types of Contract, Breach, Discharge & Rescission of Contract, Regulatory Compliance
Copyright
LexisNexis
Decision date
22 Jan 2014
Catchwords
Litigation Procedure – Judge – Res Judicata –Evidence – Conveyancing – Registered Title – Property Contract – Sale – Rescission – Provisional Seizure
The original dispute involved whether a contract to purchase property should be rescinded because the title had not been registered with the new owner and they had bought another property instead. A key issue was whether it was possible to reopen the issue as there had been a previous judgment on it even if there was different evidence. The case also looked at whether the judge was able to consider the case because of previously involvement.
Background
A Plaintiff filed action No 967/2010 Al Sharjah against the Respondent demanding a provisional seizure on a property in Sharjah and to allow the chamber complete the seizure procedure and rescind an agreement signed between the parties on 15/10/2008 and reinstate them to their former position and to order the First Respondent to pay him 3,00,000 AED with interest.