118 thousand dirhams as compensation for a "sponsor"

The "cassation" rejected the sponsor's appeal to increase the compensation.

■ from the source

The Court of Cassation in Abu Dhabi upheld the ruling issued by the Court of Appeal, requiring officials of a contracting establishment to pay 118,000 dirhams to the sponsor for the institution, and the court rejected the sponsor's appeal to increase the amount, and obligated him to pay expenses.

The case papers showed that the appellant "guarantor" filed the original lawsuit to compel the respondents to pay him the amount of 928 thousand dirhams and 12% interest from the date of the claim until the payment is completed, on a bond that he is only a guarantor for the institution, and the respondents are responsible for its debts according to the ruling issued in a previous lawsuit. Total commercial », as court rulings obligated him to the required amount for the period during which the respondents were responsible for the corporation’s debts, which he assumed as its owner.

The third respondent filed a corresponding case, demanding the appointment of an expert to examine the previous projects, and the sums received by the appellant for this period in his capacity as the owner of the institution, and the Court of Appeal ruled to amend the appealed judgment by obliging the respondents to pay the appellant an amount of 118 thousand dirhams on the grounds given that the appellant was only a nominal guarantor The license is for a period of three years.

The expert committee concluded in its report that the sums paid by the appellant for the debts of the corporation, which arose during the aforementioned period according to the judicial rulings issued, totaling 894 thousand and 978 dirhams, and the sums obtained by the appellant from the projects implemented by the company amounted to 776 thousand dirhams, and he did not submit The experience has any documents or accounts related to these projects, but he stated that he does not have an accounting system or accounting documents, and on this basis the committee settled the account between the two parties, and concluded that the appellant is entitled to an amount of 118 thousand dirhams, especially since the parties to the dispute did not submit anything contrary to these amounts .

The Court of Cassation clarified that the "guarantor" is aware of the contested judgment of the reasons for the appeal that he is the one who completed the projects with his knowledge, and after the completion of the projects the owners of the projects deposited financial payments into the institution's account, as agreed upon in the contracting contract according to the completion percentages, and the appellant withdrew those payments to complete the works. And he did not deal at the expense of the institution since the sale contract was drawn up, until the contested left it to it, does not deviate from the fact that it is an objective argument that the trial court is independent of the evidence of the case, and it is not possible to raise it before the Court of Cassation, and the court ruled not accepting the appeal, and the appellant obligated the fee and expenses, and ordered Confiscation of insurance.

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