June 20, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No: CFI 030/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) M/s. SAM PRECIOUS METALS FZ-LLC
(2) SAMI RIYAD MAHMOUD ABU-AHMAD
(3) ROSYSON FZE
Claimants
and
(1) M/s. SNYDER PRIME LIMITED
(2) PHOEBE LEAH TOOKER
(3) SHAKTHI CHAUHAN
Defendants
ORDER WITH REASONS OF JUSTICE ANDREW MORAN
UPON reviewing the Claimant’s Application No. CFI-030-2023/6 dated 30 May 2024 to include (in evidence and in the Trial bundle) additional documents being the Annual Financial Statements for the year 2022 and 2023, and the Statement of Account for the year 2024 of the First Claimant’s Sharjah Branch, which documents were inadvertently not filed before, and which are pertinent to enable the Court to decide on issue No.2 in the case and arrive at the actual loss incurred by the First Claimant
AND UPON reviewing the witness statement of Anuj Garg dated 29 May 2024
AND UPON reviewing the fifth witness statement of Shakti Chauhan dated 3 June 2024
AND UPON reviewing the Reply of the Claimant issued on 6 June 2024
IT IS HEREBY ORDERED THAT:
1. The documents described in the first recital shall be admitted into evidence and shall be added to the Hearing Bundle for use at the adjourned hearing of the trial of issues 1, 2 and 6 (insofar as issue 6 relates to issues 1 and 2), when the resumption of the hearing is fixed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 20 June 2024
At: 11am
SCHEDULE OF REASONS
1. I am satisfied that the failure to refer to the documents in evidence and include them in the trial bundle was due to an oversight on the part of the Claimants or their representatives.
2. I consider it fair to allow the admission of the documents, being satisfied that the Defendants are not prejudiced by the late admission of them. The documents go only to the quantum of losses allegedly sustained and the objections raised by Mr. Chauhan are not relevant to that issue.
3. It was by reason of the failure of the Defendants to adduce potentially relevant evidence on which they have sought to rely, and which reliance the court has allowed (to a strictly limited extent), that the trial had to be adjourned. As a result of the adjournment, the Defendants will have a full and fair opportunity to consider and deal with the documents admitted into evidence by this order, and to respond with relevant evidence and submissions on quantum, at the resumed trial.
