December 21, 2021 court of first instance - Orders
Claim No. CFI 023/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
IGPL GENERAL TRADING LLC
Claimant
and
(1) HORTIN HOLDINGS LIMITED
(2) LODGE HILL LIMITED
(3) WESTDENE INVESTMENT LIMITED
Defendants
ORDER WITH REASONS OF CHIEF JUSTICE ZAKI AZMI
UPON reading the Order with Reasons of Justice Roger Giles dated 22 August 2021
AND UPON reading the Order with Reasons of Justice Roger Giles dated 1 November 2021 granting permission to appeal on grounds 1, 2 and 3 but refusing permission to appeal against grounds 4 and 5
AND UPON reviewing the Claimant’s Second Appeal Notice filed on 22 November 2021 applying for permission to appeal against grounds 4 and 5 (the “Second Permission Application”)
AND UPON reviewing the Defendants’ written submissions in opposition to the Second Permission Application dated 14 December 2021
IT IS NOW HEREBY ORDERED THAT:
1. The Second Permission Application on ground 4 is refused but on ground 5 is granted.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 21 December 2021
At:10.20am
SCHEDULE OF REASONS
1. I refuse permission to appeal in respect of ground 4. I agree with the reasoning given by the Court of First Instance judge (“CFI Judge”).
2. I approve permission to appeal on ground 5. Although the CFI Judge decided that it is not likely that further evidence at trial will adduce more evidence to support the Claimant’s contention, but I think otherwise. In my opinion, the Claimant may be able to explain at trial. This matter should be allowed to be argued at appeal. So, this permission is given based on special reasons.
