October 07, 2021 court of first instance - Orders
Claim No. CFI 057/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
KHALED SALEM MUSABEH HUMAID ALMHEIRI
Claimant
and
(1) MOHAMMAD EZELDDINE EL ARAJ
(2) JOHN CAMERON
Defendants
ORDER OF JUSTICE WAYNE MARTIN
UPON the Order with Reasons of Justice Wayne Martin dated 29 July 2021 (the “Order”)
AND UPON the Consent Order dated 22 August 2021
AND UPON reviewing the Claimant’s submissions on Part 8 procedure dated 23 September 2021 following the Order
AND UPON reviewing the First Defendant’s submissions on Part 8 procedure dated 23 September 2021 following the Order
AND UPON reviewing the Second Defendant’s submissions on Part 8 procedure dated 23 September 2021 following the Order
AND UPON being satisfied that this is not a case in which the Claimant seeks the Court’s decision on a question which is unlikely to involve a substantial dispute of fact and that the claim does not otherwise come within Part 8 of the Rules
IT IS HEREBY ORDERED THAT:
1. These proceedings are to continue as if the Claimant had not used the Part 8 Procedure.
2. The Claim is transferred to a Part 7 claim and shall be progressed through the procedure applicable to Part 7 claims pursuant to the DIFC Court Rules (“RDC”).
3. No further directions are required until the First Defendant’s application to contest the jurisdiction of the DIFC Courts made on 30 June 2021 (the “Jurisdiction Application”) has been determined.
4. No more than 14 days after the determination of the Jurisdiction Application, the parties to the proceedings as then constituted shall provide to the Court and the other parties draft orders for directions and written submissions with respect to the procedural directions which should then be made.
Issued by:
Nour Hineidi
Registrar
Date of issue: 7 October 2021
Time: 3.45pm
