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FEAR ALONE NOT A SUFFICIENT GROUND TO DENY A PERSON'S MOVEMENT

The Dubai Courts have helped a man, whose company had banned him from travelling, withheld his passport and surrendered it to the court as per a court order.

The holder of the passport, Hassan M. H. Z. appealed against the judgment before the court, which rejected his petition.

The holder of the passport appealed before the Court of Appeal, which annulled the Lower Court’s verdict.

According to the case history, the company — Al Masadir Al Tijariyya Al Motohada (United Trade Sources Company) LCC contested the verdict before the Court of Cassation, arguing that the man was indebted to it with Dh3,419,473, besides being a foreigner who travelled a lot and is not a permanent resident of the country. Moreover, he intended to sell his properties in the country, the company said.

In its reply to the company’s petition, the court said it could restrict the freedom of the debtor by banning him from travelling outside the country only if the issue was serious enough warranting such action — the fear of the creditor that the debtor would escape was not enough to bar the debtor’s travel. The fear that the debtor will run away should be proved, the court said.

The court felt that the reasons given by the company, fearing the debtor’s escape were baseless.

It upheld the verdict of the Court of Appeal by quashing the verdict that embargoed him from travelling and withhold his passport.