Evasion of transferring the trade license to his name

Café buyer obligated to pay AED 390,<> to the seller

The Abu Dhabi court dismissed the counterclaim. Archival

The Abu Dhabi Commercial Court (First Instance) ordered a café buyer to pay the seller AED 390,<> for the rent incurred by the place after he took over the restaurant and evaded the transfer of the trade license to his name.

In the details, a man filed a lawsuit in which he demanded to oblige the buyer of a restaurant and café to pay him 390 thousand dirhams, and legal interest and oblige him to fees, expenses and attorney's fees, noting that he owns a restaurant and a café, and it was agreed to sell it for an amount of 150 thousand dirhams, provided that the defendant pays 50 thousand dirhams when signing the agreement, and lurking in his debt 100 thousand dirhams after he starts work and receives the café, and the plaintiff terminated the entire sale process and handed the defendant the café, and freed him a power of attorney By managing it until the completion of the procedures for transferring the ownership of the trade license to it.

He pointed out that the defendant continued to procrastinate in ending the transfer of ownership of the trade license to his name, until he was surprised by the filing of the executive lawsuit against the license by the owner of the property demanding an amount of 90,390 dirhams that the defendant had arranged on the license, as he did not commit to paying the wages. Upon review, the latter acknowledged and pledged in writing to pay these amounts, and acknowledged the payment of all the amounts incurred by the license in the executive lawsuit, amounting to <>,<> dirhams.

The defendant submitted a memorandum that included a counterclaim stating that the plaintiff did not abide by the sale contract and did not transfer the ownership of the license to him, according to the sales agreement, as he made a legal power of attorney three months after the date of sale, and then canceled the agency without notifying him, which confirms the plaintiff's bad faith not to transfer the ownership of the commercial license, and demanded that he be obligated to pay 220 thousand dirhams of the rental value paid by him, with legal interest.

The report of the accounting expert delegated by the court showed that under a sale and assignment agreement, it was agreed between the parties to the dispute that the plaintiff would sell the defendant a restaurant with all its tools and the trade license for 150,50 dirhams, of which the latter paid 390,<> dirhams, and that the defendant breached his obligations, as he did not transfer ownership of the restaurant to him until the date of filing the lawsuit, in addition to that he did not pay the rest of the amount due from him, nor did he commit to paying <>,<> dirhams for the executive file (rents). By acknowledgment and undertaking.

The report indicated that the defendant may not claim 220,<> dirhams for the rent checks of the restaurant and café, as these checks were in payment of the rent of the restaurant and café for the period of his possession of the restaurant.

The court ruled in the original lawsuit to oblige the defendant to pay the plaintiff 390,3 dirhams, and interest at the rate of <>% from the date of the lawsuit until full payment. It also ruled in the counterclaim to reject it, and to oblige the original defendant (the plaintiff in contrast), to pay the expenses of the original and counterclaim lawsuits.