UAE 271/2013, 281/2013

This case involved the sale of goods. Cheques had been exchanged but the contract was not signed. The key issue was how a court should deal with an expert report where the findings and evidence did not match and what should be stated in the judgment when they ignored a report.

Background

The First Respondent, the Appellant in second appeal filed the lawsuit No 1357/2010 in Sharjah against the Appellant in the first appeal demanding that they pay 6,157,4411 AED and 12% interest rate as of the date of demand.

The First Respondent claimed that following a phone call they agreed with the Appellant to buy a quantity of steel and wrote two cheques, the first on 11/01/2008 for 2,018,357 AED from the Mashreq Bank, the second on 01/03/2008 for 2,000,000 AED from the Iran Bank. The first bill was written and it contained the quantity of steel, the price, place of delivery and shipping duration. A third cheque No 939545 was written on 21/05/2008 for 2,914,259 AED. However, the contract was not signed because the parties did not agree on all the terms.

Proceedings:

Court of First Instance