Questions & Answers
What is the meaning of injunctions by a third party in an RDC case?
Hi,
What is the meaning of injunctions by a third party in an RDC case?
Dear Sir/Madam,
Thank you for your inquiry!
In the context of a Rental Dispute Center (RDC) case, an injunction by a third party refers to a legal request made by an individual or entity that is not directly involved as a primary party in the dispute but has a vested interest in the case. Below is a detailed explanation:
1. Definition and Purpose:
A third-party injunction is filed to protect the rights or interests of an external party during the execution of a judgment or ongoing proceedings.
For example, this may involve halting the execution of a judgment or enforcing specific measures to safeguard assets or rights.
The third party must demonstrate a legitimate interest in the case and provide supporting evidence to justify their intervention.
2. Eligibility and Documentation:
Any individual or corporate entity with a legitimate interest in the case can file an injunction as a third party. The following documents are typically required:
a. Plaint of Injunction: A formal request outlining the reasons for intervention.
b. Identification Documents:
- Emirates ID for individuals.
- Commercial license and manager’s Emirates ID for companies (if applicable).
c. Supporting Evidence: Relevant documents such as contracts, correspondence, cheques, utility bills, or power of attorney must be submitted to substantiate the claim.
3. Application Process:
a. Submission: The application must be submitted electronically through the RDC system or via Real Estate Services Trustees.
b. Translation: All supporting documents must be translated into Arabic if required.
c. Review and Decision: The Execution Judge at RDC reviews the request and decides whether to grant the injunction based on its merits and the evidence provided.
4. Fees and Timeline:
A fee of AED 20 is charged for each electronic request during execution proceedings. The process typically takes one business day for registration and review by the Execution Judge.
5. Legal Basis:
Third-party injunctions are permitted under UAE civil procedures to ensure fairness in resolving disputes and protecting the rights of all stakeholders involved, even if they are not primary parties to the case.
If you believe you have grounds to file a third-party injunction in an RDC case, it is advisable to consult with a legal expert specializing in UAE rental laws. This will ensure proper documentation, compliance with RDC requirements, and effective representation of your interests.
Should you require further assistance or clarification, please do not hesitate to reach out.
Best regards,
Dear questioner,
Within the RDC, an "injunction from a third party" refers to a situation where someone not directly involved in the rental dispute seeks a court order to protect their legal rights or interests that may be affected by the dispute.
If you need further clarification, kindly share your WhatsApp number.
Hello,
An injunction is a court order that requires a party to do or refrain from doing a specific act. It is a way to prevent potential harm or maintain the status quo until a legal dispute is resolved.
In this case, a third party is someone other than the landlord or tenant who has a legitimate legal interest in the rental property.
If you need further clarification, feel free to ask.