“Abu Dhabi Commercial Court Orders Cafe Buyer to Pay 390,000 Dirhams in Rent”

The Abu Dhabi Commercial Court (first instance) ruled that the buyer of a café should pay the seller 390,000 dirhams for the rents incurred by the place after he received the restaurant and evaded transferring the commercial license to his name.

In the details, a man filed a lawsuit in which he demanded that the buyer of a restaurant and café be obligated to pay him 390 thousand dirhams, the legal interest and obligate him to fees, expenses and attorney’s fees, indicating that he owns a restaurant and café, and it was agreed to sell it for an amount of 150 thousand dirhams, provided that the defendant pays 50 thousand dirhams. Upon signing the agreement, 100,000 dirhams are owed to him after he starts work and receives the café. The plaintiff finalized the entire sale process and handed over the café to the defendant, and issued an agency to him to manage it until the completion of the procedures for transferring the ownership of the commercial license to him.

He pointed out that the defendant kept delaying finalizing the transfer of ownership of the commercial license to his name, until he was surprised by the filing of an executive lawsuit against the license by the property owner, demanding from him an amount of 90 thousand dirhams that the defendant had arranged on the license, as he did not commit to paying the wages. Upon his review, the latter acknowledged and undertook in writing to pay these amounts, and acknowledged the payment of all amounts due on the license in the executive suit amounting to 390 thousand dirhams.

While 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 sale agreement, as he made a legal agency three months after the date of sale, then he canceled the agency without notifying him, which confirms the bad faith of the plaintiff not to He transferred the ownership of the commercial license, and demanded that he be obligated to pay 220,000 dirhams, the rental value paid by him, along with the legal interest.

The report of the accounting expert assigned by the court showed that, according to a sale and assignment agreement, it was agreed between the two parties to the dispute that the plaintiff would sell to the defendant a restaurant with all its tools and the commercial license for 150 thousand dirhams, of which the latter paid 50 thousand dirhams, and that the defendant breached his obligations, because he did not The ownership of the restaurant is transferred to him until the date of filing the lawsuit, in addition to that he did not pay the rest of the amount owed by him, nor did he commit to paying 390 thousand dirhams for the executive file (rentals) according to the declaration and pledge.

The report indicated that the defendant may not claim 220,000 dirhams, the value of the restaurant and cafe rent checks; The fact that these checks were a payment for the rent of the restaurant and the café for the period of his possession of the restaurant.

In the original case, the court ruled to oblige the defendant to pay 390,000 dirhams to the plaintiff, and 3% interest, from the date of the lawsuit until full payment. It also ruled in the counterclaim to reject it and oblige the original defendant (the cross-plaintiff) to pay the costs of the original and counterclaims.