February 06, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 095/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AHMED SEDDIQ MOHAMED SAMEA ALMUTAWA
Claimant
and
MOHAMED SEDDIQ MOHAMED SAMEA ALMUTAWA
Defendant
DEFAULT JUDGMENT OF JUDICIAL OFFICER MAITHA ALSHEHHI
UPON the Request made by the Claimant on 31 January 2024 (the "Request") for a Default Judgment in accordance with Rule 13.1(1) and (2) of the Rules of the DIFC Courts (the "RDC") and the accompanying affidavit of Ms Asha Bejoy dated 30 January 2024, it is found as follows:
1. The Request is not one prohibited by RDC 13.3.
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 Defendant has not: (i) applied to the DIFC Courts to have the Claimant’s statement of case struck out under RDC 4.16; or for immediate judgment under RDC Part 24 (RDC 13.6(1)); (ii) satisfied the whole or any part of the claim (including any claim for costs) on which the Claimant is seeking judgment (RDC 13.6(2)); or (iii) filed or served on the Claimant an admission under RDC 15.14 or 15.24 together with a request for time to pay (RDC 13.6(3)).
4. The Claimant filed a Certificate of Service in accordance with RDC 9.43 on 3 January 2024.
5. The Claimant has followed the required procedure for obtaining Default Judgment in accordance with RDC 13.7 and 13.8.
6. The claim is for a specified sum of money and the Request specifies the date by which the whole of the judgment debt is to be paid or the times and rate at which it is to be paid by instalments (see RDC 13.9).
7. The Request includes a request for interest pursuant to RDC 13.14 and the claim form sets out the calculation of interest in the claim.
8. The DIFC Courts are satisfied that the conditions as set out in RDC 13.22 and RDC 13.23 have been met.
9. The Claimant has submitted evidence, as required by RDC 13.24, that (i) the claim is one that the DIFC Courts have power to hear and decide; (ii) no other court has exclusive jurisdiction to hear and decide the claim; and (iii) the claim has been properly served in accordance with RDC 13.22 and RDC 13.23.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1. The Request is granted.
2. The Defendant shall pay the Claimant the amount of AED 16,030,000 (the “Amount”) as stipulated in Articles 6 and 7 of the Share Sale and Purchase Agreement dated 25 November 2018.
3. Pursuant to DIFC Practice Direction No. 4 of 2017, simple interest at the rate of 9% per annum shall accrue on the Amount from 30 June 2019 until date of full payment.
4. The Defendant shall pay the Claimant’s costs of these proceedings summarily assessed in the amount of USD 34,293.29.
5. The Claimant shall serve this Order upon the Defendant.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 6 February 2024
At: 10am
