The Court of Cassation overturned two rulings issued by the Dubai Court of Appeal in two civil disputes, based on the appeal of the Attorney General in Dubai, Chancellor Issam Issa Al Humaidan, and the Court of Cassation in one of the two rulings ordered the husband to return 150,000 dirhams to his divorced wife, who had contributed to the construction of the marital home.
The details of the case are due to the request of a divorced woman to pay her 150,000 dirhams in which she had contributed to the construction of the marital home, and their marital relationship ended in divorce under a final judicial ruling.
The Court of First Instance decided to dismiss the lawsuit, establishing that the plaintiff did not provide evidence that it had handed over the defendant the amount by way of the loan, and the Court of Appeal upheld the ruling, prompting the woman to appeal to the Public Prosecutor, and after examining the request by the first civil prosecutor, it became clear that the ruling Violates the law in its application, and the Attorney General agreed to the approval of the two appeal papers before the Court of Cassation.
The Court of Cassation ruled obliging the defendant to pay the divorced person, based on the understanding that “each of the spouses has a separate financial liability, and if one of them participates in developing money or building a house and the like, he has the right to return to the other with his share in the divorce or death.”
The details of the second lawsuit are due to a person suffering a traffic accident, which resulted in damage to his insured vehicle (against loss, damage and civil liability) with one of the insurance companies operating in the country, which failed to pay the insurance value, and he filed a lawsuit to request it to pay the insurance value.
The agent of the insurance company pushed not to accept the lawsuit, to file it other than the way that was established by law, based on the failure to present the complainant’s complaint and his claim to the committees formed in accordance with the provisions of the Federal Law regarding the establishment of the insurance authority and the organization of its business. Court of Appeal Judgment.
The Prosecutor appealed the ruling to the Public Prosecutor, so his request was examined by the Prosecutor Khaled Abdullah Shuhail, and it was found that the ruling violated the law, so the Public Prosecutor approved the appeal newspaper before the Court of Cassation, which ruled that the contested ruling was overturned in his ruling of not accepting the lawsuit to file it without a road. What was drawn up by law, and by referring the case to a court of first instance, to be decided again.