June 03, 2024 court of first instance - Orders
Claim No: CFI 052/2023
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ANDREW RAOF
Claimant
and
KBH LIMITED (FORMERLY KNOWN AS KAANUUN LIMITED)
Defendant
CONSENT ORDER
UPON the Claimant serving proceedings on the Defendant on 24 November 2023
AND UPON the Defendant’s application dated 21 December 2023 and 5 January 2024 challenging the jurisdiction of the DIFC Courts to hear the claim and seeking that the Claim be struck out for want of service (the “Second Jurisdictional Challenge”)
AND UPON the Order of Justice Rene Le Miere dated 15 April 2024 dismissing the Second Jurisdictional Challenge
AND UPON the absence by the Defendant to file an updated Acknowledgement of Service by 29 April 2024 in accordance with RDC 12.8
AND UPON the absence by the Defendant to file and serve its Defence
AND UPON the Claimant’s Application for Default Judgment dated 1 May 2024 (the “Default Judgment Application”)
AND UPON the Default Judgment of Justice Rene Le Miere dated 14 May 2024
AND UPON the commencement by the Claimant of an Application for injury to feelings (the “Injury to Feelings Application”) pursuant to paragraph 5 of the Default Judgment
AND UPON the Defendant’s Application to set aside the Default Judgment dated 24 May 2024 (the “Set Aside Application”)
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Default Judgment of Justice Rene Le Miere dated 14 May 2024 is set aside.
2. The Defendant shall file and serve its Defence by 4pm on 30 May 2024.
3. The Defendant shall pay the Claimant his costs of the Default Judgment Application, the Injury to Feelings Application and the Set Aside Application agreed in the sum of AED 4,216.00 (four thousand two hundred and sixteen dirhams) payable within 14 days of the date of this Order.
4. The Set Aside Application is withdrawn.
5. Liberty to apply.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 3 June 2024
At: 10am
