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If Service of a Summons By Publication in Newspapers Is Not Properly Effected, the Judgment Will Be Null and Void

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image of Arab Law Quarterly

In an action filed before the Dubai Civil Court, the Dubai Court of Cassation dismissed a claim filed against an expatriate on the ground that he was not properly served with the summons. The plaintiff had effected service of the summons on the defendant by publication in an English newspaper, but not in an Arabic newspaper. After judgment was delivered, the judgment debtor appealed against the judgment. The Dubai Court of Cassation held that the judgment was null and void, because service of the summons was effected in an English newspaper but not in an Arabic newspaper. This was a basic requirement. Accordingly, service was not proper and the judgment delivered against the defendant should be held to be null and void.


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