Questions & Answers
Res judicata issue for claiming the rest of unclaimed debt with a new case
I gave a loan of AED 200,000 to a person. He gave me a letter acknowledging that he received 200,000 from me.
Later on, he gave me cheques for 100,000 and a letter stating that this was partial payment of a loan. The cheques bounced.
I made a court case and submitted the cheques and acknowledgment of partial payment.
I did not submit the letter acknowledging that the debtor received AED 200,000 from me.
I won a verdict for the 100,000 AED.
Later on, I started a court case for the remainder of AED 100,000. I submitted the letter acknowledging that the debtor received AED 200,000 from me.
I explained that I had already won the case for the first 100,000 and this was a lawsuit for the remainder of 100,000. I won the First Instance and the Appeal judgment.
Suddenly, the case was rejected by the Cassation Court. They wrote that my case for the second payment of AED 100,000 was a repeat of the first case of AED 100,000 and had already been judged
What can I do in such a circumstance?

Hello,
The cassation court passed the judgment since the second case was of the same nature, hence, it is res judicata.
We have to see the cassation court judgment and all the court papers.