Questions & Answers
Is it possible to challenge cassation court rulings?
I gave a person 250,000 AED as a cash loan. I got a signed IOU letter with two witnesses.
Later on, the borrower gave me cheques for 100,000 AED and gave me a letter stating that this was partial payment of a bigger loan.
When the cheques bounced, I started a commercial case for 100,000 AED on the basis of the cheques, won it, and started an execution case.
Then I made a new commercial case for the remainder of 150,000 AED on the basis of the 250,000 AED IOU. I won the first instance and the appeal level.
I lost at the honorable cassation court.
The cassation court ruled that this new case for 150,000 AED was a repeat of the old 100,000 AED case and should not be judged again. It was RES JUDICATA.
What options are left for me?
Do I lose my right for the remainder of 150,000 or only lose the right to pursue it legally?
What steps should I take to recover my remainder of 150,000 AED?
Thank you!
Dear questioner,
Little to nothing can be done once a cassation judgment is filed. However; some few and tough solutions could be there but require our review of the three judgments first.
A new law has been passed on 31st August 2021 allowing to challenge cassation court rulings in exceptional cases where material mistakes have affected the judgment.
If we review your case and find a chance to do the same, then it is the only way to get your rights back.
Please send us the three judgments on our WhatsApp.
Dear questioner,
Up until some time ago, the cassation court's decision was final and could not be appealed, only reviewed.
But there has been a recent change to the law, where one can challenge the judgment under certain conditions.
We would need to review all the documents pertaining to the matter, to assess if there is a possibility to hear the case again.
You can contact us via phone to discuss this matter in detail.
Regards,
