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    • Criminal Complaint filed against Al Fajer Properties Sheikh Maktoum
      Criminal Complaint filed in Germany against Sheikh Maktoum Hasher Maktoum Juma Al Maktoum CEO of Dubai Developer Al Fajer Properties The Dubai Sheikh who mislead and extort a German Couple  Germany – Dubai 2011 A German elderly couple , today 80 + 50 years old who have been Dubai Tourists since a decade, bought in 2005 an apartment at Nakheel´s Dubai Residen […]
    • UAE: Human Rights Blogger, Sorbonne Lecturer Charged With ‘Humiliating' Officials
      source Human Rights Watch www.hrw.org (Beirut) - The United Arab Emirates attorney general should immediately drop all charges against five pro-democracy activists to halt their trial, Human Rights Watch said today. The charges of "humiliating" top officials relate solely to the defendants' peaceful use of speech to criticize the UAE governmen […]
    • Nakheel Dubai Sunland Case
      June 5, 2011After 21 hearings, Chris O'Donnell, the Australian chief executive of Dubai's major developer, Nakheel, came to the defence of his former colleagues Matthew Joyce and Marcus Lee. Mr Joyce and Mr Lee are accused of profiting from the sale of land that had been earmarked for a colossal high-rise development, which was to include the futur […]
    • Dubai Nakheel CEO decided to leave the company
      Dubai June 7, 2011 Nakheel said on Wednesday that its CEO Chris O'Donnell had left the company "after completing his contract terms". O'Donnell, an Australian who joined the developer in 2006, said he had decided to leave Nakheel following five years spent with the company, the statement added. O'Donnell has overseen a traumatic time […]
    • Owner of Dubai Developer Damac Hussain Sajwani files case against Egypt corruption ruling
      Dubai property developer Damac said on Tuesday it had filed an international arbitration case against Egypt over a land dispute and the conviction of its chairman and owner, Hussain Sajwani.A Cairo court last week sentenced Sajwani in his absence to jail and ordered him to pay a $40.5 million fine in connection with his 2006 purchase of land at Egypt's […]
    • Dubai Palm Jumeriah - Investors plan to take legal action
      Investors in Dubai Palm Jumeirah’s Golden Mile complex will this week serve the developer behind the project with a legal ultimatum to hand over their units or issue them with a refund.Up to ten investors in the luxury complex plan to issue Souq Residences with legal notice in a bid to force a resolution to a dispute that has been ongoing for more than a yea […]
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Archive for the ‘Dubai court’ Category

Nakheel Ex CEO Chris O´Donnell wins at Dubai Court

Posted by 7starsdubai on February 9, 2012


Dubai Court Ruling

Nakheel former CEO Chris O’Donnell who left Nakheel last June after five years, has won a $3 million claim against the Dubai real estate developer for breach of contract, the Dubai World Tribunal ruled Thursday.

Chris O’Donnell was awarded $ 3 million in bonus compensation in the  judgement.

Judge Anthony Evans made the award at the Dubai World Tribunal held at the DIFC Courts.

Posted in Chris O Donnell CEO Nakheel Dubai, Dubai court, Dubai Justice, Dubai Legal, Nakheel | Tagged: , , , , | Comments Off on Nakheel Ex CEO Chris O´Donnell wins at Dubai Court

Dubai Real Estate Dispute Lender has the right to hold debtor ´s passport

Posted by 7starsdubai on June 23, 2011


Dubai Court of Cassation issued the legal principle in the case of a foreigner who works as a Director at a real estate brokerage firm, which prevented him from travelling, after he allegedly embezzled Dh14 million.

The investor had filed a lawsuit before the Dubai Court of First Instance, requesting it to allow him to hold the director’s passport.

The investor claimed that he had handed over two cheques worth Dh14m to the company manager in return for booking a real estate unit in a tower. But he was surprised to learn that the real estate brokerage company sold that unit to another investor.

After several rounds of discussions, it was agreed between the parties that the manager of the company (the defendant) pledged to refund the amount. However, he did not comply with the deal, the investor told the court.

Meanwhile, the investor moved the court to grant him the right to with hold the passport of the defendant so that he did not leave the UAE.

source EMIRATES BUSINESS 247 …….continue reading

Posted in Dubai court, Dubai Debts, Dubai Fraud, Dubai Legal - Real Estate Lawsuits, Dubai Property dispute | Tagged: | Comments Off on Dubai Real Estate Dispute Lender has the right to hold debtor ´s passport

Dubai Debtors Prisons – Legal System on trial

Posted by 7starsdubai on August 11, 2010


source Bloomberg

Reporter on this story: Henry Meyer in Dubai at hmeyer4@bloomberg.net; The editor responsible for this story: Peter Hirschberg

Not long ago, British businessman Ryan Cornelius was living the high life, doing deals out of Bahrain and taking his family big-game fishing on his yacht and on safari in Kenya. He’s now into his third year in a Dubai jail cell, yet to be convicted of anything.“The worst aspect of the way we’ve been treated is the fact that the legal system seems to be so suspended in its own inefficiency,” he said from a pay phone at Dubai’s Central Prison. “We just don’t seem to move forward. The whole legal system seems to hold you in a state of constant suspension.”

Cornelius, 56, and six co-defendants have been charged with defrauding Dubai Islamic Bank PJSC of $501 million, one of the largest such cases in the history of United Arab Emirates. He says he did nothing wrong, and like others, foreigners and nationals, who profited in Dubai in the boom times, he waits in prison as the legal system slowly tries to separate the guilty from the innocent of those
arrested in an anti-corruption drive.

Dubai’s image as the Singapore of the Middle East, a global hub for finance and tourism, is being tested as it tries to clamp down on excesses such as fraud and over development, which came with an explosion of people and investment. Its judicial system still often has more in common with its regional neighbours than the Western nations that it aspires to emulate, say lawyers and economists who work there.

The government won’t say how many people have been arrested in the two-year campaign against financial corruption. Detained in Dubai, a London-based lobbying group, says several hundred executives may have been jailed.

Debtors’ Prisons In all, about 40 percent of the 1,200 people in Dubai Central Prison have been convicted of defaulting on bank loans, Human Rights Watch said in a report in January. Even after completing their sentences, the New York-based group said, prisoners are likely to remain in jail until their debt is paid off, unlike in the U.S. or the

U.K., where debtors’ prisons were abolished in the 19th century.

continue reading

Posted in Dubai court, Dubai Debts, Dubai Justice | Tagged: , | Comments Off on Dubai Debtors Prisons – Legal System on trial

Bankruptcy in Dubai

Posted by 7starsdubai on August 9, 2010


The shaky financial status of a company in Dubai

source Emirates 247

The Dubai Cassation Court has issued a principle stating that failure to pay one commercial debt is sufficient to declare a company bankrupt.

The court has based the principle on the Commercial Transactions Law, which states that to declare a company bankrupt, failing to pay a number of commercial loans is not the provision, but failing to pay only one debt is sufficient as it implies a shaky financial status.

The law also allows the creditor of a limited liability company to ask the court to declare a company bankrupt if it fails to pay a mature debt.

The court issued this principle after hearing a dispute between two companies one of which asked the court to declare the second bankrupt, red seal it and appoint a judicial guard to manage it and preserve its money.

The company said in its complaint that it had obtained a judicial ruling regarding its entitlement for the credited amount of Dh921,000 in addition to the legal profits.

The court found that other creditors are asking for their money and for the seizure of the respondent company’s money.

The respondent company has no location and activity, which clearly proves that it will not pay debts upon maturity. The situation shows the shaky financial status of the respondent company, which subjects its creditors to a real risk that deems declaring it bankrupt.

The Court of First Instance had turned down the case. The Court of Appeal had also upheld the verdict of the Court of First Instance.

The Court of Cassation rejected the verdict and accepted to hear the case again.

The Court of Cassation said in its statement that the respondent company is still, and without any right, not paying commercial debts despite of their maturity. There are also seizure claims by other creditors filed against the company.

Besides, criminal cases were filed against its director for issuing bad cheques that landed him in jail.

The court cannot consider having the partner in jail as a reason beyond his control, but rather it was the result of a deed he has committed: signing bad cheques, the court debated.

All these are sufficient evidences about the shaky financial status of the company that subject its creditors to real risk, concluded the principle by the Court of Cassation.

Posted in Dubai court, Dubai Debts, Dubai Justice, Dubai Legal - Real Estate Lawsuits | Tagged: | Comments Off on Bankruptcy in Dubai

Dear Sheikh Mohammed – Please please get me help justice for my Dad

Posted by 7starsdubai on August 6, 2010


Posted in Dubai court, Premier Real Estate Dubai, Safi Qurashi, Sheikh Manea Hasher Al Maktoum | Tagged: , , , , | Comments Off on Dear Sheikh Mohammed – Please please get me help justice for my Dad

How a 11 year old girl is fighting for her dad – Dubai developer is facing longer prison term

Posted by 7starsdubai on August 4, 2010


source 7 days
Sara Qurashi, 11, launched ‘Justice For My Dad’ in May after her father Safi, owner of Great Britain on The World islands, was sentenced to four years in prison for bouncing two cheques.

The father-of-three has now been given a further three years to serve behind bars for a third stopped cheque. The three cheques relate to a property deal with a Russian client and total dhs200 million. Qurashi denies any wrongdoing and says the cheques should never have been cashed. Sara said:

“My dad had lawyers and he believed justice would be done. But now my dad has been given a sentence of seven years in jail. So that’s why I am trying to help him.”

continue reading…….

and ….   article 7days from July Girls gutsy bto free her Dad

The case details are shown on Sahra Qurashi”s Website:

www.justiceformydad.com

Here you will also find the letter she wrote to HH Sheikh Mohammed bin Rashid al Maktoum, Ruler of Dubai

Sahra`s messages are also on Twitter and Facebook

read also from the National August 1, 2010
British Developer fires lawyer to defelnd his own case

DUBAI // A British investor who is appealing a seven-year
sentence for three counts of issuing bad cheques dramatically dismissed his defence team in court yesterday.
Safi Qurashi appeared at the Dubai Court of Appeals on a charge of dishonouring a Dh179 million cheque to a Dubai-based trading company.
Mr.Qurashi denied the charge before Presiding Judge Adnan al Farra. He said he had presented the cheque as security to an investor he represented in a property deal at The World islands project.
In a surprise move, the defendant then asked for the dismissal of his legal representation. “I would like to submit my own defence,” SQ told the court.
Advocate Mariam al Falasi, from law firm Hussain Lootah & Associates, told the court her firm had not been notified of any dismissal and presented her power of attorney letter to the court.

Posted in Dubai, Dubai court, Dubai Justice, Nakheel, Premier Real Estate Dubai, Safi Qurashi, Sheikh Manea Hasher Al Maktoum, The World Dubai | Tagged: , , | Comments Off on How a 11 year old girl is fighting for her dad – Dubai developer is facing longer prison term

Dubai Property Court Disaster – Four Judges and over 1000 cases

Posted by 7starsdubai on May 24, 2010


source The National
Heavy workland of Justice

The hearing begins and a few words and papers are exchanged between the judge and the lawyers representing each side.

Within minutes, it is all over. Claimants and defendants are quickly ushered out of the courtroom as their respective lawyers whisper a roughly translated version of the judge’s ruling. Moments later, the next case begins.

Welcome to Dubai’s Property Court, a division of the emirate’s legal system that has been dealing with the fallout of its property crisis since September 2008.

As case files spill out of a room one floor down from the court, officials decline to reveal how many property disputes are under way or pending. A clerk in charge of registering cases hints that the figure may be in the “thousands”.

“We are overwhelmed … it is too much work,” says the clerk, who does not want to be named. “Some cases are small, some are big. People should try and settle with the developer as they will spend more bringing the problem here.”

Just a few months after it opened in 2008, the Property Court had a mammoth challenge on its hands after the property downturn.

The court is a “work in progress”, says Dr Jamal Alsumaiti, the director general of the Dubai Judicial Institute. “You can see there’s movement from the government for regulation and for developing the judicial system as well … it’s a very critical period.”

Ron Oakeley is more than familiar with the Property Court, and the huge investment of money and time that come with a lawsuit.
The British businessman, who has been in Dubai since 1985, is about to attend his 15th hearing in a case filed more than a year ago against Alternative Capital Investment (ACI), a German developer.

Mr Oakeley is trying to recover more than Dh1.2 million (US$327,000) he spent on two offices at ACI’s long-delayed Niki Lauda Twin Towers, one of a trio of projects launched in late 2007.

His efforts, in part, paid off in February when the court rendered his agreement with ACI for one of the units “void” and ordered the company to repay him Dh569,585, plus 5 per cent interest from the date he started proceedings.

The court ruled for Mr Oakeley because ACI had failed to register the property with Dubai’s Land Department, according to court documents. A property contract is valid only when it is registered with the department.

But Mr Oakeley lost the case for the second unit, which cost Dh695,000, because the court found that the property had been registered, although it has since emerged it was under somebody else’s name.

ACI was quick to appeal the decision on the first unit. At yesterday’s hearing, the court decided to appoint an official to check on construction progress at the site, which appears to be at a standstill.

If there is still no conclusion at the next hearing, scheduled for June 23, then the case could go to the Court of Cassation, the final stage in the judicial process.

Mr Oakeley is one of dozens of investors with suits against ACI. He says it has so far cost Dh400,000, including fees and the cost of lawyers. But with the project showing little sign of progressing, he says he has no choice but to fight on.

“It’s the principle … most people can’t afford to keep fighting,” he says. “Unlike elsewhere in the world, you’ve got to spend so much more money to get your rights.

There are hundreds of other projects in the same boat but nobody seems to be helping the people.”

Robin Lohmann, the chief executive of ACI, was unavailable for comment in the past two days.

Property disputes are generally filtered through the Dubai Land Department, where the department’s legal team tried to resolve them before they reach a courtroom.

While there is a surge in the number of investors turning to the department after the financial crisis, fewer people are approaching it today, says Mohammed Sultan Thani, the assistant director general of the Land Department.

“We are now seeing a lot of agreements between the buyer and seller,” Mr Thani adds. “There’s been a lot of movement of buyers between a project that hasn’t started to one that has.”

Since the Property Court is costly, it has mainly been used by major investors such as Mr Oakeley, who have the funds to pursue a case.

It costs Dh30,000 to register each case with the court, so if an investor has bought 10 apartments from one developer, simply lodging the dispute will cost Dh300,000.

As well, all cases require a local lawyer, who will charge a commission of up to 5 per cent of what the client is claiming. The proceedings are in Arabic so a claimant would have to pay for the translation of court documents as required.

“For an investor contemplating filing a legal case against a developer, it is advisable to first seek consultation with a lawyer who can advise whether filing a case makes sense based on the circumstances,” says Ludmila Yamalova, a partner at Al Sayyah Advocates and Legal Consultants.

Some cases have been settled out of court, Ms Yamalova adds, with developers agreeing to reimburse claimants in instalments.

With just four judges at the Property Court, cases can be long. But more than 18 months after it was established, steps are being taken to refine the system, says Dr Alsumaiti – a move that will likely boost confidence among investors.

Four judges are not enough,” he says. “The concept of having a specialised property court isn’t new but the implementation is. The judges need to have the skills and knowledge to understand every single detail of a case. As long has you have provisions to speed up your procedures, you have a very strong legal system.”

Posted in ACI Lohmann Dubai, Dubai court, Dubai Legal - Real Estate Lawsuits, Dubai Property Court, Dubai Property dispute | Tagged: , , , | Comments Off on Dubai Property Court Disaster – Four Judges and over 1000 cases

Dubai Criminal Court fresh reports – Nakheel executives accused of receiving bribes

Posted by 7starsdubai on May 22, 2010


source Emirates Business

Dubai, 21 May 2010

An expert of the Financial Audit Department, Mohammed Mustafa Hussein, yesterday sent two new files to the Dubai Criminal Court hearing the case of Nakheel seafront. The court adjourned the case to June 15.

The Public Prosecution had accused the executive, commercial and legal directors of harming the company’s interest by selling land at a price lower than the market. The three made a profit of Dh44.1 million.

The day before, four defendants accused of receiving bribes and harming the interest of Nakheel, told the court that they wanted to listen to prosecution witnesses, especially Dubai World accounting expert Mohammed Abdullah Al Rawahi, who compiled the audit report. The court adjourned the case to June 10.
continue reading…

Posted in Dubai court, Dubai Criminal Court, Dubai law, Nakheel | Tagged: , | Comments Off on Dubai Criminal Court fresh reports – Nakheel executives accused of receiving bribes

Omar bin Sulaiman freed in Dubai after repaying bonuses worth 51 Million Dhiram

Posted by 7starsdubai on May 21, 2010


source The National
DUBAI // The former governor of the Dubai International Financial Centre, Omar bin Sulaiman, has been released from custody after repaying Dh51.5 million (US$14m) he obtained during his tenure at DIFC, Dubai Public prosecution announced last night.

The Attorney General, Essam Eissa al Humaidan, denied earlier reports that bin Sulaiman had been released on bail.

In a press statement, Mr al Humaidan said: “Bin Sulaiman was not released on bail but was released after repayment of the amounts he acquired through issuing annual bonuses worth Dh51.5 million.” The release is covered by a recently amended law issued by Sheikh Mohammed bin Rashid, the Ruler of Dubai and Vice President of the UAE, late last year.
read more

Posted in Criminal Law Dubai, Dubai corruption, Dubai court, Omar bin Sulaiman | Tagged: , | Comments Off on Omar bin Sulaiman freed in Dubai after repaying bonuses worth 51 Million Dhiram

Dubai Court Ruling – Contract is valid if part payment taken

Posted by 7starsdubai on May 20, 2010


source Emirates Business 24-7

The Dubai Court of Appeal has directed a developer to deliver a booked unit to the buyer despite a delay in the payment of the third installment. The court ruled that if a developer receives and accepts part payment for an instalment, this will be considered an approval in principle for extension of the payment period.

A buyer signed a contract on June 25, 2007, to buy a housing unit for Dh1.3 million – a sum to be paid in six installments. He paid the first and second installments on time, and then paid part of the third installment. When he wanted to pay the remaining part of the third installment, the company accountant refused to accept the payment. The company told the buyer that the purchase agreement was null and void. The buyer transferred the remaining amount via bank remittance to the company’s account, which it received. The court saw the company’s acceptance of the payment as implied acceptance of the continuation of the contract.

Before giving the verdict, the Court of First Instance wrote to the Real Estate Regulatory Agency (Rera) to check whether the property was registered. Rera said the contract had not been registered, and the court ruled that the contract was null and void and directed the seller to pay back the money received from the buyer.

The two parties to the contract challenged the ruling, based on the fact that the contract was concluded before the issue of Law No13 of 2008.

The seller stuck to the annulment of the contract while the buyer, through his agent lawyer Mohammed Abdul Karim, also said it was valid and stuck to it.

The court said the company unilaterally annulled the contract without commitment to the steps that should be followed according to the contract – imposing a one per cent interest per each day of payment delay. And if the buyer did not correct his position within 30 days, the seller has the right to annul the contract within 14 days following the first 30 days.

The court ruled that the contract shall be implemented and that the company is obliged to pay the litigation and advocacy expenses.

Posted in Dubai court | Tagged: , , , | Comments Off on Dubai Court Ruling – Contract is valid if part payment taken

Investor wins lawsuit against ACI Real Estate Dubai – Development Niki Lauda Twin Tower

Posted by 7starsdubai on March 7, 2010


original source The National
A property investor has been awarded a refund by Dubai Courts for an office unit he bought in a project that is 20 months behind schedule.

The British businessman Ron Oakeley bought two offices in a building in Dubai’s Business Bay that was to be named after the former Formula One racing driver Niki Lauda. The proposed Niki Lauda Twin Towers building was part of a trio of projects launched by Alternative Capital Invest (ACI) Real Estate, a German developer, in late 2007 that were to be
named after famous sport stars. continue reading….

Posted in ACI Real Estate Dubai, Dubai court, Dubai Legal - Real Estate Lawsuits, Dubai Property dispute, Dubai Property Investors, Lawsuit Dubai, United Arab Emirates | Tagged: , , , | Comments Off on Investor wins lawsuit against ACI Real Estate Dubai – Development Niki Lauda Twin Tower

Al Fajer Properties Shahram Zadeh lawsuit

Posted by 7starsdubai on March 5, 2009


Iranian’s lawsuit reveals royals’ power in UAE

ABU DHABI — A member of the royal family in the United Arab Emirates has for the first time been sued by an Iranian executive on charges of fraud.

Shahram Abdullah Zadeh has sued the brother-in-law of the emir of Dubai in an unprecedented civil action in the UAE. The 37-year-old Iranian national has accused the brother-in-law, Hasher Maktoum Bin Juma’a Al Maktoum, of trying to take over Zadeh’s real estate firm.
“He thought he could do it all because he’s a sheik,” Zadeh said.

The suit has challenged the transparency of the justice system of Dubai, which requires foreign investors to take on a UAE partner. Zadeh said he reverted to a civil action when prosecutors refused to file criminal charges against Hasher.

Zadeh, a life-long resident of Dubai, said he selected Hasher as the required UAE partner in Al Fajer Properties, established in 2004 and now worth $2 billion. Zadeh said he and Hasher fell into a dispute amid delays in building a billion-dollar office tower.

The economic downturn in the UAE has harmed a range of partnerships with foreign investors. In Dubai, the commercial capital, police have detained nearly 20 executives on suspicion of fraud. None of the detainees was connected to the ruling Al Maktoum family.

“There is no room for corruption and the corrupt,” Dubai ruler Mohammed Al Maktoum said. “In all corruption cases, people are not only prosecuted and punished, administrative and legal holes that they exploited to commit their crimes are plugged. No one in the emirates is above the law and accountability.”

Zadeh said Hasher, who ignored two summonses, exploited his connections to the ruling family to have the Iranian arrested. In February 2008, Zadeh was imprisoned for 60 days and pressed to renounce links to Al Fajer.

As Zadeh languished in prison, Hasher was said to have taken over Al Fajer and appointed his son chief executive officer. By the time, he was released, Zadeh found that his office safe was ransacked and cleansed of any documents that linked him to the company.

At one point, Zadeh appealed to Dubai’s emir. He said the emir did not respond to the complaint against his brother-in-law.

“We understand that Al Fajer Properties is controlled by a powerful member of Dubai’s ruling family,” Moses Oye, who represents investors in another Al Fajer project, said.

Still, Al Fajer continues to operate. On April 15, Al Fajer and the Dubai Real Estate Regulatory Agency announced the first transfer of property using a new official online system. Hasher’s son, Maktoum, was identified as president of Al Fajer. Zadeh was not mentioned.

Foreign investors have demanded an investigation of another Al Fajer project, Ebony Ivory. The investors, alleging fraud, have called on the Dubai Real Estate Regulatory Agency to force Al Fajer to issue a refund.

“We have paid approximately $140 million and have a signed contract from Sheik Maktoum Bin Hasher Al Maktoum,” Oye, who represents investors from Britain, Canada, India, Iran, Pakistan and the United States, said. “Now, we want our money back.”

source

WORLD TRIBUNE ARTICLE

Posted in Al Fajer Properties, Dubai, Dubai court, Maktoum Hasher Maktoum | Comments Off on Al Fajer Properties Shahram Zadeh lawsuit

 
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