Appeal Court

Specialization

Court of Appeal is the second degree of litigation and competent in looking into contest to verdicts and judgments of First Instance Court, which are dissatisfied by convicted peoples whether these verdicts are Criminal or Civil or minor or major cases issued by First Instance Courts of Personal Status, Civil, Commercial, Real-estate or Labor. The minimum cash limit for the jurisdiction of the court is AED. 20,000 and for more details on the jurisdiction of the court you can refer the Articles from 158 to 168 of Civil Procedures Law No: 11 of 1992. The verdicts of this Court may be challenged at Cassation Court according to the provisions and situations stipulated in the above said act. The circuit of this Court is formed by three Judges presided by one of them.

Cases

Commercial cases of full jurisdiction

Commercial cases of full jurisdiction are cases in which the plaintiffs aim to protect legal positions, pecuniary or property rights resulting from commercial acts by nature or by practicing trade professionally or those resulting from commercial dealings or transactions whenever the disputed rights are not determined in value or that this value is in excess of 100000 Dirham provided they are not related to labor relationships, personal status, estates or Wakfs.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Civil cases of full jurisdiction

Civil cases of full jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecumiary or property rights resulting from civil acts whenever the value of these rights are undetermined or in excess of 100000 Dirham and do not relate to commercial dealings or transactions, labour relationships, personal status, estates or Wakfs.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Civil and commercial cases of summary jurisdiction

Civil and commecial cases of summary jurisdiction are cases in which the plaintiffs aim at protecting legal positions, pecumiary or property rights deriving and resulting from civil or commercial transactions or dealings and do not relate to causes connected with labor relationships or personal status and estates and wakfs, whenever these cases are detyermined in value and this value is not in excess of 100000 Dirham.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Labor cases of full jurisdiction

Labor cases offull jurisdiction are cases introduced by workers against their employers in the private sector in order to protect their rights emanating from the labor relationship by vertue of labor contracts supervised by the concerned ministry, whenever their value is in excess of 100000 Dirham.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Labor cases of summary jurisdiction

Labor cases of summary jurisdiction are cases introduced by workers against their employers in the private sector to protect their rights emanating from the labor relationship by virtue of labor contracts supervised by the concerned ministry, whenever their value does not exceed 100000 Dirham.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Writs of performance

Writs of performance are orders on petition and are considered an exception to the general rule of raising a lawsuit to recover rights. It is practiced whenever the creditor's right is evidenced in writing, due for payment and the right claimed is a monetary debt determined in value. It is also practiced if the rigjt owner is a creditor by virtue of a commercial paper and his claim is restrictively addressed to the drawer, the maker, the acceptor or the guarantor. The request to issue the order must be preceded by a five day prior notice addressed by the creditor to the debtor asking him to effect payment. The amount claimed in the notice of payment may not be less than the right claimed in the petition to issue the order of payment.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:both irrelevant
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Summary cases

Summary cases are cases in which the petitioners aim at obtaining urgent judicial protection of the necessary means to decide the merits of the case or to make the substantive protection more efficient by means of requesting the issuance of judicial orders to the effect of taking practical, provisional and protective measures from the risk of delay in payment that do not affect the substance of the disputed right, such as cases for hearing a witness - claims to appoint a judicial guardian.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees provided the value of the case is Ten Thousand Dirhams or more or of undetermined value.
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Addition and exclusion of a muslim heir

Cases for the addition and exclusion of a muslim heir is a litigation concerning an estate where all or one of the litigants are muslims and where the plaintiff aims at establishing that there is a litigation on a matter included in the declaration of inheritance issued by the court, either by introducing a heir whose name was not mentioned in the Declaration, when issued, or the exclusion of another person whose name appears in the declaration but is not a legal heir, or both claims.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases)
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperative or optional depending on its position in the case

Addition and exclusion of a non-muslim heir

Cases for the addition and exclusion of a non-muslim heir is a litigation between non-muslims where the plaintiff aims at establishing that there is a litigation on a matter included in the declaration of ineritance either by introducing a heir whose name was not mentioned in the Declaration, when issued, or the exclusion of another person whose name appeared in the declaration but is not a legal heir, or both claims.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases)
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperative or optional depending on its position in the case

muslims pecuniary status

Cases concerning muslims pecuniary status are requests and matters concerning muslims and relating to wardship by relatives, tutorship on minors and custody of their property, guardianship, curatorship, granting permission to administer property of their ward, establishing the absence of a person or his disappearance or naming the judicial assistants.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases)
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperatively relevant

Non-muslims pecuniary status

Cases concerning non-muslims pecuniary status are requests and matters concerning non-muslims and relating to wardship by relatives, tutorship on minors and custody of their property, guardianship, curatorship, granting permission to administer property of their ward or establishing the absence of a person or his disappearance and the naming of the judicial assistants.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases)
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperatively relevant

Personal status of muslims

Cases of personal status of muslims are cases of personal status aiming at protecting legal positions relating to family matters such as engagements, marriage, rights of the spouses, divorce and all ensuing rights and effects deriving therefrom and from separation. In addition, establishing or denying kinship with relatives provided one of the parties thereto is a muslim.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases); except alimony cases (10 Dirhams) for appeal.
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperative or optional depending on its position in the case

Personal status of non-muslims

Cases of personal status of non- muslims are cases of personal status aiming at protecting legal positions relating to family matters such as engagements, marriage, rights of the spouses, divorce and all rights and effects deriving therefrom and from separation. In addition, establishing and denying kinship fwith relatives provided one of the parties thereto is a non-muslim.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases); except alimony cases (10 Dirhams) for appeal.
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperative or optional depending on its position in the case

Wakf

Cases of wakf to charitable institutions or family wakf as well as litigations relating thereto are personal status cases and are limited to real property. These cases are examined in the presence of certain opponents or without the presence of any which means that the said cases are mixed ones and could be personal or real cases.
Formation of Department:3 judges+Secretary
Charges:20 Dirhams (1/5th of the fees for full jurisdiction cases)
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Imperatively relevant

Grievances

Oppositions to execution are described as temporary litigations concerning forced execution in which is required to issue a temporary judgment stalling the execution or resuming it without interfering in the substance of the right. Oppositions are submitted either by a memorandum of claims alike the submission of lawsuits or is raised before the execution officer prior to or in the course of implementing the seizure procedure or prior to its completion. The first opposition stalls the execution procedures.
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Both rlevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

Opposition to execution

Opposition to execution are described as temporary litigations concerning forced execution in which is required to issue a temporary judgment stalling the execution or resuming it without interfering in the substance of the right. Oppositions are submitted either to the court by means of the same procedure followed for introducing a lawsuit or to the execution officer prior to or during the execution process or before its completion. The first opposition stops the execution .process
Formation of Department:3 judges+Secretary
Charges:One fifth of the fees for full jurisiction with observance of the minimum and maximum level of these fees.
Insertion and Interference:Both relevant with due compliance with the law
Occasional Applications:Irrelevant
Deletions:Relevant with observance of the procedural delays and the law on fees
Renewal:Relevant with observance of the procedural delays and the law on fees
Entails:Relevant with observance of the procedural delays and the law on fees
Abate by time:Relevant with observance of the procedural delays and the law on fees
Expedition:Relevant with observance of the procedural delays and the law on fees
Complaint:Irrelevant
Appellant:Relevant with due observance of the delays, procedural rules and the law on fees
Petition for review:Relevant with due observance of the delays, procedural rules and the law on fees
Interference of Prosecution:Irrelevant

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