September 28, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 105/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) AJIAL NATIONAL EDUCATION COMPANY K.S.C.C
(2) TALAL KHALIFA TALAL AL JERI
Claimants
and
(1) THE SECURITIES HOUSE COMPANY
(2) STELLAR EDUCATIONAL SERVICE CO. /RAZAN HAMAD
ALHAMAD & PARTNERS
(3) FIRST KUWAITI FOR EDUCATION HOLDING COMPANY W.L.L
Defendants
AMENDED JUDGMENT OF JUSTICE LORD ANGUS GLENNIE
UPON the Judgment of Justice Lord Angus Glennie issued on 7 September 2023 (the “Judgment”) ordering the Defendants to pay the Claimants the sum of KWD 4,123,335.68, inclusive of interest to the date of this Judgment.
AND UPON the Claimants' Application No. CFI-105-2021/3 dated 11 September 2023 to correct an accidental slip or omission in the Judgment or (the " Claimants’ Application").
AND UPON the Defendants’ confirmation by way of email correspondence to the Registry dated 18 September 2023 that no evidence in answer shall be filed to the Claimants’ Application
AND UPON the Court determining the Claimants' Application on the papers.
IT IS HEREBY ORDERED THAT:
1. Paragraphs [2] and [3] of the Order should be amended so that the reference to "KWD 4,123,335.68" should be replaced with "KWD 5,217,875.85".
2. Paragraphs [124], [129] and [137] of the Judgment are amended on the terms set out in the Annexure.
Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 28 September 2023
At: 1pm
Annexure: amendments to the relevant paragraphs of the Schedule of reasons
124. The following claims succeed in the amount indicated:
Claim No. 9 KWD 3,600
Claim No. 11 KWD 1,200
Claim No. 22 KWD 2,511
Claim No. 4 KWD 109,547
Claim No. 17 KWD 3,000
Claim No. 23 KWD 3,300
The successful claims total KWD 114,158. 13,611 of that amount is multiplied by the appropriate multiplier (10) this leads to a total of KWD 245,657 (including overstatement of assets of KWD 109,547) which can be deducted from the Hold-Back Amount of KWD 4,500,000, leaving a balance due to the Claimants of KWD 4,254,343.
…
129. Accordingly, I reach the same decision on interest whether I apply DIFC procedural law or the law of Kuwait. I shall award interest on the sum of KWD 4,254,343 at the rate of 7% per annum from the end of June 2020. For ease of calculation, I shall simply take it to the end of August 2023, a period of three years and two months (3.167 years). I shall award interest at the rate of 7% per annum in the sum of KWD 943,145.30 (KWD 4,254,343 x 7% x 3.167), making a total sum due of KWD 5,197,488.
…
137. Adding together the amounts in paragraphs 129 and 133, I shall give judgment in favour of the Claimants in the sum of KWD 5,217,875.84967, inclusive of interest to the date of this judgment. Judgment debt interest shall accrue on this sum until payment.