January 26, 2022 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
ORDER WITH REASONS OF JUSTICE SIR JEREMY COOKE
UPON reviewing the Claimant’s Application No. CFI-056-2021/5 dated 6 December 2021 seeking to amend the Particulars of Claim (the “Application”)
AND UPON the Order of Justice Sir Jeremy Cooke dated 4 January 2022 in respect of the Application
AND UPON the Defendant’s request for an order on costs in relation to the Application (the “Request”)
AND UPON reviewing the Defendant’s Statement of Costs dated 11 January 2022
AND UPON reviewing the Claimant’s response to the Request dated 19 January 2022
IT IS HEREBY ORDERED THAT:
1. Costs reserved.
Issued by:
Nour Hineidi
Registrar
Date of issue: 26 January 2022
Time: 3pm
SCHEDULE OF REASONS
1. It is admitted that the Defendant owes the sum paid into Court although the Claimant claims more.
2. An order for costs in favour of the Defendant has been satisfied out of that amount and the application by the Claimant to withdraw the balance owed to it ran counter to the Court’s previous judgment that the amount should be paid into Court to abide the result of the litigation.
3. Whilst the sum in Court represents security to the Claimant in respect of sums admittedly due, it also represents security to the Defendant in respect of costs in the event that no more is due.
4. The liability for all costs incurred, including those on this application and future costs will be affected by the outcome of the dispute and it makes no sense for the parties to continue to incur significant costs where the sums at issue are relatively small. The parties are encouraged to settle the dispute without further interlocutory applications. If settlement is impossible, the matter should be pleaded out and proceed to trial as soon and as economically as possible.
5. In these circumstances, the Court would require strong reason to make further interlocutory orders for costs.
