Stays of Execution: Two Options

Claim
In this case the Claimant sought, on two grounds, a stay of execution of a judgment. The Claimant's first argument in support of the stay was that the case related to property ownership. The second argument was that the judgment was the subject of an appeal to the Court of Cassation.

Facts of the case
A judgment was issued by the Court of First Instance in favour of the Defendant, which judgment cancelled a Sales & Purchase Contract entered into between the parties and compelled the Claimant to pay the Defendant the amount of AED 3,184,500 plus interest and legal fees. The Court of Appeal upheld the first instance decision and the Defendant consequently filed a claim with the execution judge in order to enforce the judgment. The Claimant subsequently appealed to the Court of Cassation by filing an urgent request that the execution of the judgment be stayed based on article 175 of the UAE Civil Procedure Law (CPL).