This article will explore the Abu Dhabi cassation court judgment regarding the authority of the court of appeal to modify the judgment when considering an appeal in the consultation chamber.
In light of our continuous monitoring of the latest legal developments issued by various courts of the state, we have previously indicated and commented on the judgment of the Court of Cassation in Abu Dhabi, issued by the Civil Department. The ruling stated that the Court of Appeal, when considering an appeal in the Consultation Chamber, is not authorized to modify the judgment. Instead, its jurisdiction, when hearing the appeal in the Consultation Chamber, is limited to either rejecting, disallowing, dismissing, affirming, or endorsing the appealed judgment or decision. The court emphasized in that judgment that this matter pertains to public policy, and the court rules on it sua sponte, even if none of the adversaries raised it.
However, on the date of 23/1/2024, the Commercial Department of the Court of Cassation in Abu Dhabi issued a contrary judgment, rejecting the payment made by the appellant and declaring the invalidity of the appeal judgment issued in the Consultation Chamber, which annulled the appealed judgment and remanded the case to the court of first instance for reconsideration. The Court of Cassation, in its ruling, responded to the appellant's claim of the invalidity of the judgment, stating that procedural formalities are merely a means to achieve a goal targeted by the legislator. If this goal is achieved, insisting on the invalidity becomes a form of excessive formalism that contradicts Islamic legal principles and distances itself from modern legislation in Arab and foreign countries. The court further mentioned in its judgment that the appeal was made against a decision that did not exhibit a substantial defect or essential deficiency, and the goal of the procedure was realized. Therefore, challenging the validity of the procedure for this reason is unfounded.
In light of the aforementioned judgments from the Court of Cassation in Abu Dhabi, we believe it is necessary to present the matter to the General Assembly of the Court of Cassation in Abu Dhabi to endorse one of the principles referred to in the aforementioned judgments and consequently reconsider the other.
Authors:
Dr. Mohamed Abdel Rhaman. Mahrous
Partner
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Sabri Al Khawas
Associate