Jeweller told to pay Dh 4.3m

DUBAI — The Dubai Court of Cassation has upheld a ruling of the Court of Appeal, being issued on the basis of the adjusted Lower Court verdict, asking Deiri Jewellery, Moustafa H. D. and Wa’ail M. R. to pay Dh4.3 million plus the 9 per cent interest rate to Nada Jewellery.

By Mohsen Rashid

Published: Thu 9 Jun 2005, 10:04 AM

Last updated: Thu 2 Apr 2015, 7:57 PM

The court argued that the amounts due to be paid by the defendants are debts stated in the agreement concluded by the litigants on April 16, 2001. The agreement was used as an evidence on which the ruling was based.

Nada Jewellery filed a lawsuit against the three stores asking them to pay Dh4,534,143 as compensation in addition to 12 per cent interest rate on the basis of the fact that the amount is a value of jewellery deal it (the complainant) had provided them. These were three bills amounting to Dh734,143 and cheques worth Dh.3,800,000, the complainant said, adding that the defendants had without legal justification refrained from paying the due amount. The complainant also asked in its lawsuit the precautionary attachment of the three stores.

The Court of First Instance delegated an expert, who put forward his report on the basis of which the court asked the defendants to pay the said amount to the complainant. The three stores as well as Nada Jewellery appealed against the verdict. The Court of appeal dismissed the appeal of the three litigants, and adjusted the verdict in favour of the complainant by making it mandatory on them to pay collectively the said amount to Nada Jewellery.

The three defendants, however, objected to the verdict by cassation. The Court of Cassation, the highest court of Justice in Dubai, overruled the objection and sustained the appeal court’s ruling. The court argued that the report of the expert was not taken into account as the agreement signed on April 16, 2001 concluded that the debt appeared in the amounts stated in it thereof. The court also concluded that the amount was a settlement to all previous dealings including the quantities of gold, which the expert had stated in his report.

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