September 01, 2021 court of first instance - Orders
Claim No. CFI 056/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
TARIG MOHAMED ABDELSALAM ABDELRAHMAN
Claimant
and
EXEPRESSO TELECOM GROUP LTD
Defendant
DEFAULT JUDGMENT MADE BY H.E. JUSTICE MAHA AL MHEIRI
UPON the request made by the Claimant on 30 August 2021 for a Default Judgment against the Defendant in accordance with Part 13 of the Rules of the DIFC Courts (the “Request”) (“RDC”)
AND UPON the Claimant filing further submissions on 29 August 2021, it is found as follows:
1. The Request is not one prohibited under RDC r.13.3 (1) or (2).
2. The Request is one permitted by RDC 13.4 on the basis that the Defendant has failed to file an Acknowledgment of Service or a Defence to the claim (or any part of the claim), with the DIFC Courts, and the relevant time for so doing has expired.
3. The Claimant filed a Certificate of Service in respect of service on the Defendant pursuant to RDC r.9.43. Service was effected on 10 August 2021.
4. The Claimant has followed the required procedure for obtaining Default Judgment (pursuant to RDC rr.13.7 and 13.8).
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
5. The Request is granted.
6. The Defendant shall pay the Claimant within 14 days, from the date of this Order, the judgment sum of USD 447,700.
7. The Defendant shall also pay the Claimant’s costs of these proceedings comprising: (1) the Claimant’s legal costs, until the date this request was fully pleaded, to be immediately assessed by the Registrar, if not agreed; and (2) costs of the Court filing fee.
Issued by:
Nour Hineidi
Registrar
Date of issue: 1 September 2021
At: 11.15am
