Appeal judgments in substantive enforcement disputes, unlike those on pure enforcement steps, can be challenged in cassation

Dubai Court of Cassation (General Assembly), Appeal No. 5 of 2023, judgment of 31 January 2024

Court
Dubai Court of Cassationمحكمة التمييز - دبي
Case
Dubai Court of Cassation (General Assembly), Appeal No. 5 of 2023, judgment of 31 January 2024
Arabic citation
الطعن رقم 5 لسنة 2023 هيئة عامة، جلسة 31/1/2024
Bench
General Assembly of the court General Assembly
Topics
Courts & arbitration · Banking & finance · Commercial law
Laws applied
Civil Procedure Code
The judgment
Read it on dc.gov.ae ↗ (Dubai Courts, judgment publication service (نشر الأحكام), Court of Cassation, General Assembly appeal No. 5 of 2023)
Summary written
1 November 2026
Print

The principle

The Civil Procedure Code distinguishes temporary enforcement disputes, which seek only a stay or continuation of enforcement without touching the right and are decided by the execution judge subject to a final grievance (Articles 209 and 239), from substantive enforcement disputes, which seek a decision on the right being enforced. Article 175(3), making appeal judgments 'in execution proceedings' not open to cassation, covers only judgments on pure enforcement steps. Appeal judgments deciding substantive enforcement disputes, such as a challenge to a cheque enforced as an executory instrument, may be challenged in cassation. The Assembly departed from judgments allowing cassation in enforcement disputes only on jurisdiction or the admissibility of the objection.

The case and the decision

A company and its manager brought a substantive enforcement dispute against the holder of a AED 30 million cheque being enforced against them. They argued that the cheque had been handed over blank to the company's former finance manager, who passed it to the holder after both had misappropriated company funds, for which they had been convicted, and that the manager was not liable for the company's debts. The court of first instance, after an expert report, rejected the dispute, and the Court of Appeal upheld that decision. On their cassation appeal, the holder argued that appeal judgments in execution proceedings are not open to cassation under Article 175(3) of the Civil Procedure Code.

The chamber referred the appeal to the General Assembly because some judgments allowed cassation in enforcement disputes only on jurisdiction or the admissibility of the objection, while others allowed it in substantive disputes. The Assembly analysed Article 239: a temporary objection is referred to the execution judge, who decides whether to stay or continue enforcement; his decision may be challenged by grievance under Article 209(1) before the court president or his delegate within seven working days, and that decision is final; if the objection is in truth a substantive dispute, he authorises its registration within seven working days. A substantive dispute seeks a judgment settling the right being enforced. Article 175(3) therefore excludes cassation only for judgments on pure enforcement steps; judgments settling the right to enforce may be challenged. The Assembly adopted that principle by the required majority and held the appeal admissible.

On the merits, the Court of Appeal had relied on the presumption that a cheque is a payment instrument carrying its own cause, and on the drawers' failure to prove that it reached the holder unlawfully, without addressing their evidence, including a consultant's report and messages, that the blank cheque had been taken by the former finance manager, or allowing them to prove forgery. Its reasoning was inadequate. The Assembly quashed the judgment and remitted the case to the Court of Appeal.

Why it matters

Cheques are directly enforceable in the UAE, and disputes over them often run through enforcement proceedings. Companies resisting enforcement of cheques they say were misused can take their substantive objections to the Court of Cassation, and courts must engage with evidence that a cheque left the drawer's control unlawfully.

Laws applied

Articles 175(3), 209(1) and 239 of Federal Decree-Law No. 42 of 2022 (Civil Procedure Code) — text of articles 175, 209, 239
Article 20 of Dubai Law No. 13 of 2016 on the Judicial Authority in the Emirate of Dubai (referral to and majority of the General Assembly)

In the court’s words

“الأحكام الصادرة في إجراءات التنفيذ التي تكون فيها المنازعة منصبه على إجراء من إجراءات التنفيذ البحتة هي التي لا تقبل الطعن بالتمييز”

Short quotation from the judgment as published by the court. The full judgment is on the court’s official service.

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Source. Summary written by Polaris from the judgment published by the Dubai Court of Cassation on dc.gov.ae (Dubai Courts, judgment publication service (نشر الأحكام), Court of Cassation, General Assembly appeal No. 5 of 2023), read on 1 November 2026. Party names are anonymised in the court’s publication.
Published for general information by Polaris Corporate Services FZ-LLC. It is not legal advice. This page is a summary written by Polaris; it is not the judgment and is not an official translation. Read the judgment on the court’s official service before relying on it. A judgment decides the dispute before the court; its weight in a later case depends on the court, the facts and any later change in the law or in the court’s own case law.

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