September 28, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 041/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
MIRAB
Claimant/Respondent
and
MARQUF
Defendant/Appellant
ORDER OF THE ASSISTANT REGISTRAR DELVIN SUMO
UPON the Judgment of H.E. Justice Maha Al Mheiri dated 19 May 2023
AND UPON the Appellant’s Appeal Notice dated 25 May 2023
AND UPON the Order with Reasons of Justice Sir Jeremy Cooke dated 2 June 2023 granting partial permission to appeal (the “First Appeal Notice”)
AND UPON the Order with Reasons of H.E. Deputy Chief Justice Ali Al Madhani dated 11 September 2023 dismissing the appeal
AND UPON the Appellant’s Appeal Notice dated 18 September 2023 (the “Second Appeal Notice”)
AND PURSUANT TO Rule 53.7 and Rules 53.84 to 53.86 of the Rules of the DIFC Courts (the “RDC”)
AND PURSUANT TO Article 5 of the Judicial Authority Law, Dubai Law No. 12 of 2004, as amended (the “JAL”)
IT IS HEREBY ORDERED THAT:
1. The Second Appeal Notice is dismissed.
2. Each party shall bear their own costs.
Issued By:
Delvin Sumo
Assistant Registrar
Date of issue: 28 September 2023
At: 3pm
SCHEDULE OF REASONS
1. An appeal from the SCT takes place from the SCT to the Court of First Instance as set out in Rules 53.84 and 53.85 of the Rules of the DIFC Courts (the “RDC”), which read as follows:
“53.84
The following Rules apply to appeals from the SCT to the Court of First. 53.85
In this Rule:
(1) ‘the Court of First Instance means the Court to which an appeal is made.
(2) ‘lower Court’ means the Court, tribunal or other person or body from whose decision an appeal is brought;
(3) ‘Court’ means the Court to which an appeal is made and the Court, tribunal or other person or body from whose decision an appeal is brought;
…...”
2. Article 5(B)(2) of the Judicial Authority Law, Dubai Law No. 12 of 2004, as amended (the “JAL”) clearly sets out that judgments rendered by the Court of Appeal, in this case the Court of First Instance pursuant to RDC 53.85(1) above, shall be final and conclusive, and shall not be subject to any appeal. The relevant wording of the said Article is set out below:
“53.84
Judgments rendered by the Court of Appeal shall be final and conclusive, and shall not be subject to appeal by any means of appeal.”
3. Considering the above, I am of the view that the Appellant has exhausted all the appeal options available to it, and therefore, I dismiss the Second Appeal Notice.