March 09, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 017/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ZENIQ TECHNOLOGIES LIMITED
Claimant
and
(1) RAMZIQ TECHNOLOGIES LIMITED
(2) SOLIAMAN YOUNIS MOHAMED ESMAEIL ALRIFAI
(3) ERWIN DOKTER
(4) SILVIA ZARAZAGA ALFARO
(5) LIVAN UCHI GOLINGAN
(6) AHMED ESSA MENSHAWY BEDER
(7) SAHAR EL WADI
(8) JAENA MAE MEDALLON
(9) MOSTAFA FAWZI HASAN
Defendants
ORDER WITH REASONS OF H.E. DEPUTY CHIEF JUSTICE ALI AL MADHANI
UPON the Claimant's urgent Application No. CFI-017-2023/1 dated 28 February 2023 (the “Injunction Application”)
AND UPON a hearing being listed to hear the Injunction Application on 10 March 2023 (the “Hearing”)
AND UPON the First to Eighth Defendants' Application No. CFI-017-2023/2 dated 8 March 2023 (the “Defendants’ Application”) to vacate the Hearing
IT IS HEREBY ORDERED THAT:
1. The Defendants’ Application is granted.
2. The Hearing shall be vacated.
3. The case management conference of the Injunction Application shall be determined by the Registrar.
4. The Claimant shall pay the First to Eighth Defendants' costs of this Application, to be assessed by the Registrar, if not agreed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 9 March 2023
At: 4:30pm
SCHEDULE OF REASONS
1. Based on the parties’ evidence submitted before me, there are no reasonable grounds which the Claimant can assert that the Injunction Application requires the Court’s urgent determination. This is based on the premise that the Claimant was aware of the alleged statutory, contractual, fiduciary and equitable duties of the Defendants between August – November 2022.
2. It is entirely unreasonable for the Defendants to prepare and serve evidence in response to the Injunction Application and prepare for the Hearing in circumstances where the Claimant has had ample opportunity to prepare and make the Injunction Application.
3. Finally, I am not persuaded that an expiated or an urgent trial is reasonable as I do not think there is a risk or harm to the Claimant which they may not have already known about for a reasonable amount of time.