September 22, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 025/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DR OTHMAN ABDULLAH O ALSWAYEH
Claimant
And
GII ISLAMIC REIT (CEIC) LIMITED
Defendant
ORDER OF H.E. JUSTICE NASSIR AL NASSER
UPON the request made by the Claimant on 16 September 2022 (the “Request”) for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”), it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
2. The Defendant has filed an Acknowledgment of Service contesting the jurisdiction of the DIFC Courts.
3. On 31 August 2022, following a hearing held on 23 August 2022 Justice Lord Angus Glennie issued an order dismissing the Defendant’s Application to contest the jurisdiction of the DIFC Courts.
4. The Defendant has failed to file an Acknowledgment of Service or a Defence to the claim (or any part of the claim) with the DIFC Courts and the relevant time for so doing has expired (RDC 13.4).
5. The Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole claim (including any claim for costs) on which the Claimant is seeking judgment; or (iii) filed or served on the Claimant an admission under RDC 15.14 or 15.24 together with a request for time to pay (RDC 13.6(3)).
6. The Claimant has followed the required procedure for obtaining Default Judgment [RDC 13.7 and 13.8].
7. The claim is for a specified sum of money and the request specifies the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (RDC 13.9).
8. The Request s a request for interest pursuant to RDC 13.14 and the Claim Form sets out the calculation of interest in the claim.
9. The DIFC Courts are satisfied that the conditions of RDC 13.22 and RDC 13.23 have been met.
10. The Claimant has submitted evidence, as required by RDC 13.24, that (i) the claim is one that the DIFC Courts have power to hear and decide; (ii) no other court has exclusive jurisdiction to hear and decide the claim; and (iii) the claim has been properly served (RDC 13.22/13.23).
ACCORDINGLY IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendant shall pay the Claimant the amount of AED 44,000,000.
3. The Defendant shall pay the Claimant interest for late payment of the amount of AED 44,000,000 in the amount of AED 777,247.49.
4. interest and/or damages shall continue to accrue at the daily rate of AED 4,914.23 until the date of full payment.
5. Costs shall be assessed by the Registrar if not agreed.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of issue: 22 September 2022
At: 12pm