Abu Dhabi Appeal refuses to charge leased costs for fire damage

The appeals court confirmed that the cause of the fire was unknown and could not be determined.

From the source

The Abu Dhabi Court of Appeal upheld a court ruling of first instance rejecting a lawsuit filed by the owner of a warehouse against a tenant, and demanding that experts assign the value of damages to the warehouse due to the occurrence of a fire during the period of its tenancy, and to return it to the state it was in at the time of the contract.

The details of the case refer to the owner of the warehouse (the plaintiff) filing a lawsuit in which he demanded the assignment of an engineering expert to clarify the value of the damages and damages that occurred to the warehouse as a result of the occurrence of a fire in it, the cost of returning it to the state it was in at the time of the contract, and a statement of the value for the benefit of the leased (the defendant) Of the warehouse, and obligating it to pay a late interest rate of 12% annually from the date of filing the lawsuit until full payment, and obligating it with fees and expenses and in return for attorneys' fees.

He explained that the defendant rented a warehouse from him for a year at an annual fee of 230,000 dirhams, and before the lease expired, a fire broke out in the warehouse, causing severe damage to it, which prompted him to notify the landlord of his unwillingness to renew the contract with her, and after the end of the lease period the landlord left the subject of the dispute in the case. The one that suffers from damages and damages without recognizing it in the state it was in at the time of the contract

The report of the engineering expert, who was appointed by the court, stated that if the court considers that the plaintiff deserves compensation for the damages sustained by him, then the leased remains in possession of 140 thousand dirhams for the damages that occurred on the main pallet body without calculating the floor of the upper floor, due to the inability to calculate it or the existence of any scheme that clarifies What it was before the fire, while the attorney of the defendant (the leased) submitted a commentary memorandum in which he requested that the lawsuit be halted until another appeal is decided, and the lawsuit returned to the expertise to respond to her objections, the judiciary requested that the court not have jurisdiction and pleaded not accepting the case for filing it without having any capacity, and a request for rejection The lawsuit, and I attached a certificate to register the appeal and copies of other documents, and the court ruled rejecting the case and obligated the plaintiff to pay the fees and fees and 200 dirhams for the attorneys' fees, so the plaintiff appealed the ruling, demanding its annulment and the judiciary of his requests.

The Court of Appeal affirmed that from reading the forensic evidence report, it was proven that the cause of the fire was unknown and could not be determined.

Follow our latest local and sports news, and the latest political and economic developments via Google news