The Court of Cassation confirmed the principle of unregistered sales contracts

Dubai appeal brings down the curtain on a judicial dispute over “grant land”

The Dubai Court of Appeal closed the curtain on a judicial dispute that went through all stages of litigation, over a plot of land granted by His Highness the Ruler of Dubai to a citizen and the latter sold it about 27 years ago to another citizen.

After those years passed, the heirs of the grant owner challenged the sale contract, demanding the return of the land to them, and a ruling was issued in their favor by the Court of First Instance, which ruled that the sale contract was invalid and obligated the defendant (the buyer) to return the land to the seller’s heirs, as it is a grant that may not be disposed of without permission From His Highness the Ruler, and obligated him to deliver it free of persons and occupations.

For his part, the buyer appealed against the ruling before the Court of Appeal, attributing his appeal to the passage of more than 15 years since the sale process, which cancels the right of the other party, "the heirs" to a legal claim. Article 210 of the Civil Status Law.

The lawsuit, which is the first of its kind, was then transferred to the Court of Cassation, which witnessed a strong legal debate. The attorney for the heirs (the plaintiffs), Lawyer Badr Abdullah Khamis, stated in the appeal memorandum that the main request of his clients in the lawsuit is not the invalidity of the contract concluded between their father and the defendant in the case. 1994, but insisting on proving the invalidity of the contract as a legal payment to return their land, and defenses do not lapse according to the law.

The General Authority of the Court of Cassation concluded with the adoption of an unprecedented legal principle, which is the invalidity of the contract for the sale of the disputed plot of land despite the fact that the date of its sale contract preceded the instructions issued by His Highness the Ruler of Dubai in September 1994 regarding the invalidity of disposing of lands granted to citizens without His Highness’ permission, because The contract was not officially documented or registered, indicating in its merits that it is not permissible to register or transfer the ownership of these lands after this date as long as the contract was not documented or registered officially before it, or it is proven that a special permission was issued for it by His Highness the Ruler, and this was not achieved in the case, although The contract is valid.

The Court of Cassation ruled that the heirs of the landowner have the right in this case to uphold the invalidity of the contract, and their request does not affect the statute of limitations.

In the last litigation stage, the Court of Appeal witnessed a strong legal debate that revolved around two main requests, the first of which was submitted by the “buyer” to reconsider the judgment of the Court of Cassation regarding the invalidity of the sale contract. » Committed to the verdict of the Court of Cassation in the matter in which it resolved with insight and insight, which is the invalidity of the sale contract, and the return of the land to the heirs.

As for the second demand, presented by the legal representative of the heirs, lawyer Badr Abdullah Khamis, which is to demand the buyer to pay them four million and 400 thousand dirhams as an estimated value of the rent of the land during the period he placed his hand on it.

The Court of Appeal rejected this request, attributing this to the reasoning of the ruling that the plot of land was transferred to the buyer through an invalid act, which is a sale without the permission of His Highness the Ruler, and therefore the heirs are not entitled to benefit from that, and obligated each appellant to pay the fees and expenses of his appeal.

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