Ways to Resolve Incomplete Property Disputes in the UAE
- July 1, 2021
- Comments Off on Ways to Resolve Incomplete Property Disputes in the UAE
As a very old phenomenon of legal jurisprudence, ‘res judicata’ fundamentally means a restriction to re-file the same matter again before the court. It is intended to guarantee the conclusion of decisions and to protect the rights of litigants from multiple cases on the same issues. One may need a lawyer if they have been charged with the same offense twice.
Lawyers in Dubai can help you here with their expertise and skillful knowledge. Luckily, they are available all over the UAE. This can save, both your time and money.
· Res Judicata under UAE Law
The Courts and the Law of UAE are on a similar note with regards to res judicata. As highlighted under Article 92 of Federal Law Number 11 of 1992 on the Civil Procedure Code reads like this. Any defense during the court hearing for disregarding the case due to already being adjudicated upon will be accepted by the court. And the court shall decide on the matter on their motion.
Res judicata applies to cases that have already been reviewed and adjudicated upon by the judge of a competent court. The scope of re-litigation in UAE is narrowed as evident from Article 49 of the Evidence law. It stresses the finality of a judgment rather than avoiding multiple suits.
· Pre-requisites of Res-Judicata Application
Some generic conditions which were laid down in numerous precedents and were widely accepted by UAE courts are these. The case so filed is identical to a matter which is already decided upon by the competent court between the same parties. The matter in the concerned case is already adjudicated upon based on merit.
A final judgment has been issued. Lawyers in Dubai Can help you best here in the legal matter and assist you as well.
· Court’s Opinion
A claimant filed a case against an individual who signed the SPA on behalf of the claimant. And a property developer for termination of a sale and purchase agreement. Also, they are seeking compensation for the loss incurred.
The claimant contended that the developer illegally increased the price of the property. And sought signature through the first defendant. Defendant argues his capacity to be a party to the suit since he acted on behalf of the claimant as an agent.
Therefore, if you want to know more about this matter, it is better to seek legal help. Lawyers in Dubai can help you here with their explicit knowledge. They are available in Ajman, Sharjah, and Fujairah as well.