Fujairah court cancels sale contract of a car for being sold twice

Mohammed Al Waseela, Staff Reporter

The Fujairah Appellate Court overturned the ruling of the Court of First Instance and cancelled the sales contract of a “Porsche” car.

It also ruled to invalidate the declaration of indebtedness drawn up by the appellant, in addition to obligating the appellee to pay the appellant Dhs7,000 besides the fees and expenses of the lawsuit and the lawyer’s fees.

The details of the case date back to the time when a person filed a lawsuit against another before the Court of First Instance in which he requested the annulment of a car sales contract and obligating the appellee to return Dhs15,000, as well as obligating him to pay the fees and expenses of the lawsuit and lawyer’s fees.

The plaintiff said that, based on a purchase contract, he purchased from the appellee a car for Dhs79,000 through installments, of which he paid three for an amount of Dhs15,000 and issued, upon the appellee’s request, a declaration of indebtedness for the full amount, authenticated by a notary, but the latter refused to implement the contract and did not hand him the car over.

The Court of First Instance assigned an expert who stated in his report that the plaintiff’s statements were correct and that the appellee did not hand the car over, adding that he had previously sold it to another person before signing the sales contract with the plaintiff, and therefore the car was not owned by him when the sales contract was signed.

The Court of First Instance rejected the lawsuit and obligated the plaintiff to pay the expenses and lawyer’s fees.

He appealed the ruling to the Appellate Court that, relying on the report of the assigned expert, overturned the ruling of the Court of First Instance and ordered the cancellation of the sales contract and obligated the appellee to pay Dhs7,000 to the plaintiff, besides the fees and expenses of the lawsuit and the lawyer’s fees.