Unified UAE Legislation Database

Federal Supreme Court - Commercial Appeal No. 1314 of 2024 On Pleading Nullity of Service in Appeals

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, February 4, 2025

Headed by Judge Shihab Abdul Rahman Al-Hammadi, President of the Chamber

and with the membership of Judges Abdullah Bou Bakr Al-Siri and Sabri Shamsuddin Muhammad

 

(1-4) Civil proceedings "Judgments Announcement of the judgment: The procedures for announcing the judgment are separate from the announcement of the statement of claim." Defences "Defence of invalidity not related to public order at the time it was raised" "Defence of invalidity of the procedures for announcing judicial documents: Who has the right to invoke it and the conditions for doing so."

 

(1) The procedures for announcing the judgment are independent of the procedures for announcing the statement of claim in which the judgment was issued.

 

(2) Plea of invalidity not related to public policy must be raised before raising another procedural plea or request in the lawsuit or in the appeal, contrary to which is a violation. Its effect is the forfeiture of the right to raise it.

 

(3) Plea of nullity of the procedures for serving judicial documents. A plea in favour of the opp...