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Court dismisses hospital's complaint
DUBAI — Dubai Court of First Instance has dismissed a case filed by the Dubai Neuro Spinal Hospital against one of the partners who was also managing its administrative matters.
The hospital filed the case against him and asked him to pay Dh10 million for allegedly neglecting his duty of taking follow up legal measures concerning a case. This case was earlier filed against the hospital by a former partner identified as M. K. A., seeking compensation of Dh12 million.
The hospital accused the current partner G.A.A. of neglect insofar as he did not communicate to the hospital's advocate the verdict in the case which would have enabled the hospital to take necessary legal action, which may have led to suspension of the verdict or payment of the amount in instalments.
The lapse by the partner led the court to sequestrate the accounts of the hospital in banks and freeze the credit of the hospital. This had caused considerable damage to the hospital. Therefore, the hospital opened a case against him and asked him to pay Dh10 million as compensation.
The defence lawyer Samir Ja'afar submitted documents which said that the defendant is one of the partners and he was entrusted with the administrative duties of the hospital, while the hospital has another director who was in-charge of representing the hospital at the courts. The defendant denied the accusation regarding his responsibility for the legal duties of the hospital pointing out that there is no verbal or written contract regarding the same.
Lawyer Ja'afar refuted the hospital's charge about the defendant's collusion with M. K. A. who had filed the case of compensation and asked the court to reject the case as it was opened without the permission of the other partners.
The defence lawyer noted that his client is one of the collaborators of the hospital and holds 400 shares out of its 5,400 shares.
The defence lawyer revealed that on the same date, that is June 25, 2005, the hospital's director-general sent a letter to the defendant relieving him from the administrative duties and terminating his services with immediate effect.
The lawyer argued that this clearly showed that his client was not responsible for any negligence that he was charged with as his services had been terminated.
The Court of First Instance then issued its verdict rejecting the case and ordered the hospital to pay the legal fees of the lawyer.
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