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Court annuls order for firm to vacate flat

The reason for annulling the verdict, delivered by the lower courts, was that the notice, passed from the lower court to the defendant, was invalid.

According to the case history, Al Baz Establishment for Real Estates had filed a lawsuit before the Abu Dhabi Shariah Court of First Instance demanding of the Al Amer Establishment for Agricultural Materials to vacate the apartment the latter rented from it and to pay Dh133,966, the amount of the annual rent (Dh55,000) not paid for four years. Moreover, the plaintiff asked for disconnection of water and power supply.

In a hearing on November 1, 1999, the plaintiff said that the defendant had rented the flat for Dh55,000 annually for four years. The defendant had paid Dh76,000 and stopped paying the rest of the rent, added the complainant.

Since the employee working for the Al Amer Establishment for Agricultural Materials, who resided in the apartment, refused to receive the lawsuit notification, the Court of First Instance decided to stick the notification on the door of that flat. The court also stuck the notice on the court’s notice board.

On February 23, 2003, the Court of First Instance ordered the termination of the tenancy contract and obliged the defendant to pay the plaintiff the required dues — from November 1, 1999 till the date of vacating the flat, at the rate of Dh55,000 per year. The court also ordered a deduction of Dh76,133 from the total amount and forced the tenant to present clearance of water and electricity dues.

The defendant appealed against the case before the Abu Dhabi Court of Appeal, but in a hearing on May 11, 2004, the Court of Appeal upheld the verdict of the lower court.

Being dissatisfied with the judgment, the defendant (Al Amer Establishment for Agricultural Materials) petitioned the verdict before the apex court, arguing that the verdict issued by the lower court was null and void on the ground that the defendant had insisted before the Court of Appeal that the notice sent by the Court of First Instance was illegal. Although the Court of Appeal acknowledged the invalid notice, it ordered the same verdict issued by the Court of First Instance. As a result, the verdict of the Court of Appeal should be revoked for its loophole, the defendant stated.

In a hearing on March 27, 2005, the apex court accepted the defendant’s petition and dismissed the lawsuit for the invalidity of the court notice. The higher court, in addition, obliged the plaintiff (the complainant) to pay the suit’s charges and Dh2,000 fee to the defendant’s lawyer. The court also ordered the complainant to pay back the deposit to the petitioner.

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