Awad v 3AM Property Investment Company LLC & Anor [2025] ADGMCFI 0003 (07 March 2025)

Awad v 3AM Property Investment Company LLC & Anor [2025] ADGMCFI 0003 (07 March 2025)

The Land Investment Contract is a binding and enforceable contract creating contractual rights between the parties, but does not confer in rem rights to the Claimant as registration of title is required under Abu Dhabi law. The First Defendant breached the LIC by failing to comply with its terms, including exclusion of the Claimant from management and failure to register his share. The Claimant is entitled to a monetary award against the First Defendant, but the debt has not yet accrued due. The claim for monetary relief against the Second Defendant fails as the requirements for personal liability under Article 84 of Federal Law 33/2021 were not met.

Citation
[2025] ADGMCFI 0003
Parties
Claimant: Faysal Mohamad Awad; First Defendant: 3AM Property Investment Company LLC; Second Defendant: Adel Abdulhameed Ibrahim Abdulla Alhosani
Jurisdiction
United Arab Emirates
Judgment Date
07 March 2025
Procedural Posture
Commercial/civil (joint Venture/contract/real Estate) / Judgment After Trial
Outcome
Claim partly allowed; claim against First Defendant succeeds in part; claim against Second Defendant for monetary relief dismissed.
Legal Topics
Joint Venture, Land Investment Contract, Enforceability of Contracts, Remedies for Breach, Specific Performance, Registration of Land Rights, Limitation of Actions, Manager Liability, Corporate Veil, Estoppel, Remedies (damages, Specific Performance)
Contract Law Real Estate Law Company Law Civil Procedure Evidence Conflict of Laws Joint Venture Land Investment Contract +9 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 40 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Faysal Mohamad Awad

Claimant

3AM Property Investment Company LLC

First Defendant

Adel Abdulhameed Ibrahim Abdulla Alhosani

Second Defendant

Procedural Posture

Commercial/civil (joint Venture/contract/real Estate) / Judgment After Trial

Legal Issues

  1. 1 Is the Land Investment Contract (LIC) binding and enforceable?
  2. 2 Did the Claimant acquire in rem rights under the LIC?
  3. 3 Is the Claimant entitled to monetary relief and if so, against whom?

Ratio Decidendi

The Land Investment Contract is a binding and enforceable contract creating contractual rights between the parties, but does not confer in rem rights to the Claimant as registration of title is required under Abu Dhabi law. The First Defendant breached the LIC by failing to comply with its terms, including exclusion of the Claimant from management and failure to register his share. The Claimant is entitled to a monetary award against the First Defendant, but the debt has not yet accrued due. The claim for monetary relief against the Second Defendant fails as the requirements for personal liability under Article 84 of Federal Law 33/2021 were not met.

Court Disposition

Claim partly allowed; claim against First Defendant succeeds in part; claim against Second Defendant for monetary relief dismissed.

Orders

  • Declaration that the Land Investment Contract is binding and enforceable.
  • Declaration that the Claimant did not acquire in rem rights under the LIC.