August 24, 2023 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 235/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BETWEEN
MIKHAT
Claimant
and
METIN
Defendant
ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI
UPON this Claim having been called on 8 August 2023 for a Hearing before H.E. Justice Maha Al Mheiri, with the Claimant’s representative and the Defendant in attendance
AND PURSUANT TO Rule 4.12 of the Rules of the DIFC Courts
IT IS HEREBY ORDERED THAT:
1. The Claimant’s name in this Claim shall be amended to “Mubla”.
2. The case title shall be amended to ‘Mubla and Metin
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date: 24 August 2023
At: 8am
SCHEDULE OF REASONS
1. This Claim relates to a Franchise Agreement signed between the Mublai and the Defendant. The Claim Form dated 20 June 2023 in this matter appears to name the Claimant in this claim to be Mikhat. In review of the Claim Form and the documents filed in support of it, it appears that the Claimant, upon the filing the Claim Form, erroneously named its legal representative instead of Mublai to be the Claimant in this Claim.
2. The error made by the Claimant within the Claim Form is a common one, and can be attributed to the nature of the Small Claims Tribunal (the “SCT”) insofar, the Claimant being a legal representative is new to the system of the common law and the DIFC Courts. The SCT’s practice in these circumstances is for the judge presiding over the Hearing to discover an error of incorrectly named litigants and recommend that the parties be correctly identified going forward. I have determined that this order be made of my own initiative.
3. Therefore, it is hereby ordered that the Claimant’s name is to be amended to reflect the contracting party stated within the Franchise Agreement, Mublai.
