June 21, 2023 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 087/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BETWEEN
MIKRA
Claimant
and
MOWAT
Defendant
ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI
UPON this Claim having been called on 11 May 2023 for a Hearing before H.E. Justice Maha Al Mheiri, with the Claimant’s and the Defendant’s representatives 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 “MIKRA”.
2. The Defendant’s name in this Claim shall be amended to “MOWAT”.
3. The case title shall be amended to reflect the parties’ names as set out in paragraphs 1 and 2 above.
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date: 21 June 2023
At: 4pm
SCHEDULE OF REASONS
1. This Claim relates to a broker dispute between Mikra and Mowat. MikraDevelopers contracted Mowat to act as a real estate broker for the projects that it was developing in exchange for agreed commission in accordance with the terms set out in a Broker Agreement.
2. In review of the Claim Form dated 23 February 2023 and the documents filed in support of it, it appears that the Claimant, upon the filing the Claim Form, erroneously misnamed both the Claimant and the Defendant as neither of the names are accurately reflected within the Broker Agreement.
3. The SCT’s practice in these circumstances is for the judge presiding over the Hearing to discover an error of incorrectly named parties and recommend that the parties be correctly identified going forward. I have determined that this order be made of my own initiative.
4. Therefore, it is hereby ordered that the Claimant’s and Defendant’s names be amended to reflect the names of the contracting parties as stated in the Broker Agreement.
