The Law of ?ontracts is such that there must be an offer and an acceptance of the offer for it to be binding upon the parties involved. This has not been the case in Dubai according Alfi (2010). As a result, there was established a Land Court that looked into land issues as a means of curbing the rising cases of termination of contracts.
Controversies in the case
Majority of the cases, presented to this court, involved foreign companies that had invested in Dubai albeit with a lot of controversy. Many were charged with suspending or cancelling several projects under unclear circumstances. There were over 2656 cases recorded in the land court between 2009 and 2010.
Since the inception of this court, there has been an improvement in determining cases thereby clearing cases that have been in courts for a period of up to one year. Alfi (2010) observes that such cases amounted to 33.7% of the cases determined. Many of the plaintiffs had been defrauded by developers who were marketed by sub-developers and brokerage firms.
Many people that suffered as a consequence were individuals who bought the lands and not the companies. There was also an economic downfall that subjected individuals to rescinding their contracts.
When such issues were taken before the Tribunal, the sitting judge pointed out those claims had to be submitted through the Land Department based in Dubai or if the victims of the fraud would press charges directly in court.
In his final decision, the judge held that civilians were not entitled to confinement in the event that there is termination of a contract. The respondent or the convicted party shall pay the full amount to the plaintiff failure, which means that he/she would be imprisoned, and his property and that of the company impounded. This may be followed by subsequent jailing for a period of not less than 6 months.
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