The decision upholds a key legal precedent in commercial law
Abu Dhabi: The UAE Federal Supreme Court has rejected an appeal by a creditor seeking Dh3.7 million, ruling that cheques are self-executing instruments that must be enforced directly rather than through payment order procedures. The decision upholds a key legal precedent in commercial law.
The case dates to December 2018, when the creditor filed a claim against a company and its director over a cheque. Initially, the Ajman Civil Court issued a July 2024 order requiring the defendants to pay the amount, plus 5% legal interest and attorney fees.
The defendants appealed, arguing that payment orders do not apply to cheques, which are legally recognised as enforceable instruments. The Ajman Court of Appeal agreed, cancelling the initial order in January 2025. The Federal Supreme Court upheld Ajman Court’s ruling, noting that cheques returned due to insufficient funds, frozen accounts, or closed accounts carry the same legal effect as those returned for lack of balance.
Dr. Alaa Nasr, the defendants’ legal representative, emphasised that cheques and payment orders differ fundamentally in legal nature, underscoring the primacy of direct enforcement.
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