DIFC Courts

CFI 026/2009 - Order

March 31, 2011 court of first instance - Orders,Orders

Claim No. CFI 026/2009

THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

Between

MR RAFED ABDEL MOHSEN BADER AL KHORAFI

MRS AMRAH ALI ABDEL LATIF AL HAMAD

MRS ALIA MOHAMED SULAIMAN AL RIFAI

First Claimant

Second Claimant

Third Claimant

and

BANK SARASIN-ALPEN (ME) LIMITED (BSA)

BANK SARASIN & CO LIMITED (BSC)

First Defendant

Second Defendant

ORDER

UPON hearing the Counsel for the Claimants and Counsel for the Second Defendant in respect of the Second Defendant's Application No 054/2010

IT IS DECLARED THAT:

This Court has no jurisdiction to try this Claim against the Second Defendant on the basis of the Particulars of Claim dated 10 December 2009.

AND IT IS ORDERED THAT:

 

1. The Claimants' Claim against the Second Defendant is dismissed for want of jurisdiction and the Claim Form dated 7 October 2009 is set aside as against the Second Defendant.

 

2. Service of the Proceedings on the Second Defendant is set aside.

 

3. The Claimants do pay the Second Defendant's costs of and thrown away by this application, to be the subject of detailed assessment if not agreed, such liability to be joint and several.

 

4. This Order is made without prejudice to the Claimants' ability to commence fresh proceedings against the Second Defendant in respect of matters falling within the jurisdiction of this Court.

 

Issued By

Mark Beer

Registrar

Date of Issue: 31 March 2011

At: 12pm