Session of Monday, April 15, 2024
Headed by Judge Shihab Abdulrahman Al Hammadi, "Head of the Department", with the membership of Judge Al Hassan bin Al Arabi Faidi and Justice Juma Ibrahim Mohammed Al-Otaibi
(1-2) Contract: "Sale contract: Prohibition of the sale of residential grant lands’. Judgement ‘Reasoning of the judgement: Insufficient reasoning’.
1. The judgement must include a reasoning that satisfies that the trial court is aware of the facts and evidence of the case in order to uncover the truth and respond to the defences raised in the case. Duty. Failure to do so constitutes a deficiency.
2. The contract of sale of disputed land is related to the land granted by the Government of Fujairah, which is prohibited from being disposed of by any transfer of ownership, and the lack of approval of the disposal by the competent authority. The appealed judgement dismissing the case on the grounds that the dispute has already been reconciled, despite the fact that the reconciliation does not change the nature of the right, which must be fulfilled in return. The appellant did not recei...