July 22, 2022 COURT OF APPEAL - JUDGMENTS
Claim No: CA 003/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the Name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai
IN THE COURT OF APPEAL
BEFORE CHIEF JUSTICE ZAKI AZMI, H.E. JUSTICE SHAMLAN AL SAWALEHI AND JUSTICE LORD ANGUS GLENNIE
BETWEEN
MASSUN
Claimant / Respondent
and
(1) MOUSI
(2) MIUT
(3) MACKI
(4) MUVT
(5) MEUNA
(6) MACKEN
(7) MYCTE
(8) MANTU
(9) MIQE
Defendants / Applicants
JUDGMENT
| Hearing : | 18 and 19 July 2022 |
|---|---|
| Judgment : | Mr David Russell QC instructed by BSA Ahmad Bin Hezeem & Associates LLP for the Second Defendant Mr Tom Montagu-Smith QC instructed by Abdulla Al Awadi, Advocates & Legal Consultants for the Third Defendant Mr Stavros Pavlou instructed by Patrikios Pavlou & Associates LLC for the Fourth and Fifth Defendants The Claimant/Respondent was not present |
| Judgment | 22 July 2022 |
ORDER
UPON the Order with Reasons of H.E Justice Ali Al Madhani dated 22 December 2021 (the “Order”)
AND UPON reviewing the Claimant’s Application No. CFI-032-2020/13 for permission to amend her Particulars of Claim dated 27 May 2020 filed on 21 September 2020 (the “Amendment Application”)
AND UPON reviewing the Third Defendant’s Application No. CFI-032-2020/9 for Immediate Judgment dated 26 July 2020 (the “Immediate Judgment Application”)
AND UPON the Second Defendant’s Permission Application dated 12 January 2022 seeking permission to appeal against the Order
AND UPON the Third Defendant’s Permission Application dated 12 January 2022 seeking permission to appeal against the Order
AND UPON the Fourth and Fifth Defendants Permission Application dated 12 January 2022 seeking permission to appeal against the Order
AND UPON the Order of H.E Justice Ali Al Madhani dated 22 April 2022 granting permission to appeal for all Defendants
AND UPON the Claimant’s failure to file submissions in opposition to the appeals
AND UPON hearing Counsel for the Second, Third, Fourth and Fifth Defendants at the hearing of the appeals on 18 and 19 July 2022
IT IS HEREBY ORDERED THAT:
1. The appeals are allowed in part.
2. Paragraph 1 of the Order allowing the Amendment Application is set aside.
3. The Amendment Application is refused.
4. Paragraph 2 of the Order is varied. The Amendment Application having been refused, Immediate Judgment is granted against the Claimant on the whole of her claim.
5. The Freezing Order of H.E Justice Ali Al Madhani dated 22 April 2020 is set aside, including any costs order made in relation thereto.
6. In consequence, the remaining paragraphs of the Order are set aside.
7. The Claimant must pay the Defendants and each of them their costs of the action, including the application both in this court and before the judge at first instance, to be assessed by the Registrar on the standard basis, if not otherwise agreed.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 22 July 2022
Time: 4pm
