Petition to HH the President of UAE 23.12.2010
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http://www.youtube.com/watch?v=2vwoRAxUc9o
His Highness Sheikh Khalifa bin Zayed Al Nahyan
President of the UAE, may Allah preserve his soul
Assalamu Alaikum wa rahmatu Allah wa barakatuh
I extend to Your Highness my sincere congratulations and blessings on the occasion of National Day of the UAE, wishing Allah to return it to Your Highness and the people of the UAE with prosperity and good blessings.
I take this occasion and as it is known about your Highness of your care to spread justice and reject oppression and I request your consideration with clemency in my grievance which continued from 1994 until now and my family and I have been destructive and my son died in 1996 at the age of 12 years and I could not travel for burial or visit his grave because my passport is held due to the cases filed by me to recover my rights since 1994 and I did not leave the country all these years and I did not meet my two daughters and family since 1994 until now that led to my angina pectoris and coronary thrombosis and my situation is very serious for an urgent need for open-heart surgery since 2000 , besides in 2008 I got brain stroke as confirmed in papers and documents.
I had resorted to His Highness Sheikh Zayed may Allah have mercy on him and he issued a Royal Order in 2004 to form a Special Court to resolve my grievance within three months, but unfortunately, however, after the death of His Highness the Special Court continued to defer the issue for full six years and then on 13/04/2010 issued invalid verdict as confirmed in my attached memo.
As your Highness is the best successor of the best predecessor and do not tolerate disruption of the balance of justice in the UAE,
Therefore
I seek approval to appeal the ruling of the Special Court under Article 174 of Civil proceedings to correct the ruling or what you deem to repair deficiencies and invalidity in the current provision and judge in the elements that have not been decided so far to refund monies that have been seized since 1994.
May Allah bestow you the help of the right and justice and make you proponent of the oppressed,
Yours sincerely,
Dr. Raafat Osman
Mobile: 050 - 7207301
Abu Dhabi 20/12/2010
Annexed is the memorandum of the reasons for nullity of the Special Court sentence.
Memorandum of the Reasons for
Nullity of the Special Court Sentence
The case was ready for verdict at the time of the forming of judiciary in 2004 whereas:
The error was proved at the Court of subject in the final decisive ruling (appeal 169/98 and the two rebuttals 229 and 269 of the year 21 BC) and the issue of misdemeanor of theft, No. 2205/2000, where the tort liability was proven for the implementation of the litigant of an arbitrating void ruling and seized my money and my firm equipment by force and bullying without reference to the executive authorities breaching the general order.
The damage resulting from this error of final decisive ruling was proven (appeal 169/98 and the rebuttal 449 of the year 23 BC) in which stated the expertise report of the Ministry of Justice which estimated my rights as of 38 million dirham in 2000.
However, what had happened to the Special Court was biased and feathered to the litigants and a waste of law and reasoning of final judgments civil and criminal and for the previous years of judiciary since 1994 to date.
Where the court hearings consisted in 2004 took more than years in search of dispute and confrontation and the hearing of litigants’ witnesses, in the end it did not find any way out for the benefit the litigants was forced not to take the expertise report submitted by me as evidence and delegated in 2006 a tripartite Committee of experts from the Ministry of Justice to work on another expertise report to discuss the contractual errors although my case of tort errors, even though a final decisive verdict of appeal 169/98 proved the error and that it is a tort of breach of public order and the enforcement of judgments and not through the court and implementation judge, in 2008 they presented their report which was also indebted to my opponents and my rights estimated of 52 million dirham (copy attached).
On 23/02/2009 the court annulled it in form and not in subject although the Special Courts do not take the formalities of law for the acceleration of settlement. And decided to form another expertise committee and thus wasted the previous years and delegated another expertise committee from the Ministry of Justice submitted its report in February 2010 and reached the same conclusions of the first committee convicting my opponents and thus the court lost hope to get any expertise report not for my favor or not indebted to my opponents.
On 13/04/2010 the unjust sentence was issued which wasted the law and reasoning of final judgments civil and criminal and all expertise reports and the previous years of judiciary, even a it was issued in 83 full-pages for blackout and to prove incorrect facts and inconsistent with the Constitution and the law and the final judgments and civil and criminal provisions, and sentenced me 820 thousand dirham only, although my fixed rights by all the provisions and expertise committees mandated by the Special Court itself is 52 million dirham.
The following are ten reasons of the various reasons filling the verdict and leading to its nullity for wasting the law and the bias to opponents:
1- First: the formation of the Special Court was for the ruling within three month from October 2004 and the period extended to 6 years without anydecisions to renew its work which invalidates its decisions.
2- The court did not rule on the case 2343/2000, which I raised against Abu Dhabi forging of official securities to fabricate a false chargeagainst me for the service of my opponents, and although the case number was provided by the Royal Order of His Highness the President of the country to form the Special Court. It did not issue a sentence on it and did not even mention it in its 83 pages of its unjust alleged ruling which leads to the nullity of verdict.
3- The ruling wasted the general order and the final decisive provisions and the evidence of the provisions of the appeal the ruling of intentions, the final decisive ruling 169 / 98 and certified by two appeals 229 and 269 of the year 21 BC, which proved full ten tort errors for the opponentsincluding the implementation ofdecisionsby forcewithoutrecourse to the judiciary, however the sentence completely ignoredthese evidences.Despite the acknowledgement ofthe courtin its Judgmentthatopponentshaveseizedtheequipment of the firm without recoursetothe judiciary but it sentenced byintention andwastedthe evidence of final judgmentsand thearguedthat theopponentsdid notbelievethatthisseizurewas contrarytolawand thattheir intentionwasgood, and notonly that, but did notrule for methe price ofsuch equipmentseized by them since 1994,despite theprovenvalue ofthe invoicesand all the expertise reports and theexecutivesuits filed by the owners of the equipment against me.
4- The sentence stated in its pages documents for the opponents that were annulled by the final decisive ruling of the appeal 169/98 and took it as a pretext to exempt the opponents of the error that is proven in all final decisive judgments issued in the subject.
5- Attached is one of my identifying documents submitted to the court a certificate from the Public Prosecution in the case 2205/200 penalty Ajman and it was recorded as misdemeanor of theft against my opponents for taking over my money and company’s equipment estimated in millions and the decision was final, but the court also ignored the argument that this document, although it was final and decisive having its authenticity that may not be touched.
6- Despite my submission to the court a judicial recognition of the confession of one of the opponents in case No. 133/97 hearing of 12/01/2000 that my dues in 1994 was the amount of3,5 million dirham, but the courtignored it completely, which shows thecomplicityand nullity of sentence.
7- Despite the presence of expertise report certified by the High Court to claim the of evidence of damages caused by the errors of opponents of the amount of AED 38 million, but the court ignored this argument and seconded by a tripartite committee of the Ministry of Justice that estimated my rights for 52 million dirham and was forced to cancel it for ambiguous unreal reasons that the third opponent was not declared, although he had presented himself and his documents by himself. Then a third committee was appointed, whose result was similar to the previous in accusing the opponents and then the sentence came contrary to all these expertise and the court appointed itself as engineering expert in technical issues and wasted all my rights and monies and my company’s equipments seized by opponents and confirmed in all expertise reports and final verdicts and it alleged that there is no error in the access of opponents by force and seize my monies without recourse to executive Judge since their faith was good and sentenced 821 thousand dirham for me although my company’s equipment value that is fixed in all expertise reports was one and a half million, if the reports of engineering expertise committee have no value why then the court wasted 6 years in appointing expertise committees and did not take any of its opinions, is it because all for my favor?
8- The law the right to the plaintiff in calculating the interests of the amount since the date of claim and this case continued for 16 years and the ruling rejected the calculation of legal interests for the sentenced amount without mentioning reasons except for “the remaining claims are rejected” despite the sentenced amount represents less than 5% of my fixed rights, does the selling value of 820 thousand dirham seized in 1994 equals its value in the year 2010, even the interest must be calculated not only at the passing of verdict but until its implementation.
9- The sentence of Special Courts established by HH the President of the country is final including expedited implementation; however the Special Court did not include its sentence with implementation to continue bias of the opponents.
10- The fees of any case borne by the loser, and although the ruling was passed for my favor but the court claimed that the case 123/2000 was arbitration and arbitration failed, therefore both parties bear the fees even though their rule of the 820 thousand dirham was for me in the same case and when the arbitration fails the jurisdiction of the court to be hold for ruling and the sentence had been issued, but the court manipulated and claimed that this is the ruling of appeal No. 501 of the year 25 BC although this appeal has nothing to do with the opponent and the ruling was of the case 123/2000.
Attachments:
1- The final decisive sentence of the appeal 169/98 and the two appeals 229 and 269 of the year 23 BC which proved all tort errors of opponents in details and the court had wasted it.
2- The Public Prosecution Certificate in the case 2205/200 and recorded as theft misdemeanor against my opponents and the court ignored it.
3- The expertise report of the Ministry of Justice tripartite committee which the court wasted for ambiguous reasons.
4- Judicial recognition of the confess of opponents that my rights were 3.5 million dirham in 1994 and ignored by court.
5- The unjust ruling of the judiciary on 13/04/2010 of 83 pages.
6- Falsification documents of the Abu Dhabi Prosecution of official securities in the case 2343/2000 and ignored by the court.
All documents are attached to the following file:
www.mohaamoon.com/SOS.rar