February 27, 2019 court of first instance - Orders
Claim No. CFI-033-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRECOURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BANKMED (SAL) TRADING IN THE DIFC UNDER THE TRADE NAME BANKMED (DUBAI)
Claimant/Respondent
and
(1) FAST TELECOM GENERAL TRADING LLC
(2) ALI MOHAMMED SALEM ABU ADAS
(3) MOHAMMED JAWDAT AYESH MUSTAFA AL BARGOUTHI
(4) SAIF SEED SULAIMAN MOHAMED AL MAZROUEI
(5) IBRAHIM SAIF HORMODI
(6) AHMED ABDEL KADER HAMDAN ZAHRAN
Defendants/Applicant
ORDER WITH REASONS OF CHIEF JUSTICE ZAKI AZMI
UPON reviewing the Fifth Defendant’s application for permission to appeal dated 3 February 2019 seeking to appeal the Order of H.E. Justice Shamlan Al Sawalehi dated 14 January 2018
AND UPON reviewing all the relevant case materials in the case file
IT IS HEREBY ORDERED THAT:
1.The Fifth Defendant is granted permission to appeal against the Order of H.E. Justice Shamlan Al Sawalehi dated 14 January 2018 as the appeal has a real prospect of success.
2.The Claimant shall pay the Fifth Defendant’s costs of the application to permission to appeal to be assessed by the Registrar, if not agreed between the parties.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 27 February 2019
Time: 9am
SCHEDULE OF REASONS
1.I have considered the following:
2. The fact that the Fifth Defendant originally acted as litigant in person in the proceedings;
3. The fact that the Default Judgment of Judicial Officer Nassir Al Nasser has been set aside against other defendants has been set aside; and
4. The fact that Mr Fadi of Fast Telecom represented to the Fifth Defendant that the dispute between him and the respondent was being resolved.
5. I arrive at the conclusion that it is most likely that the Fifth Defendant will be successful in his appeal, due to there being a real prospect of success in the appeal as well as there being grave injustice in denying the Fifth Defendant’s appeal.
6. I therefore grant the Fifth Defendant’s application for permission to appeal against the decision of the Court of First Instance in refusing to set aside the default judgment.
7. The Claimant shall pay the Fifth Defendant’s costs of the application to permission to appeal to be assessed by the Registrar, if not agreed between the parties.
