Unified UAE Legislation Database

Federal Supreme Court - Commercial Appeal No. 301 of 2024 on Enforcement Judge Decisions

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, June 4, 2024
Headed by Judge Shihab Abdulrahman Al-Hammadi, "Head of the Department", with the membership of Mr Judge Abdullah Boubaker Al-Siri and Mr Judge Sabri Shamsuddin Mohamed

 

(1 - 3) Enforcement ‘Enforcement Judge: Appeal against the decisions of the enforcement judge.’

 

1. The decision issued by the enforcement judge regarding the determination of the amount to be enforced and to proceed with its enforcement is subject to appeal. The basis for is paragraph (e), Clause (2) of Article 209 of Federal Decree-Law No. 42 of 2022.

 

2. The decision of the enforcement judge determining the enforceable amount is subject to review by the Court of Cassation. 

 

3. The enforcement judge's decision to grant the first respondent's request for installment payments included the determination of the amount enforced against it as half of the judgement amount and while the Appellant disputes this amount, demanding enforcement for the full adjudicated amount against both respondents jointly. Its effect is that the decision can be appealed. The appellate judgement violated this conside...