DIFC Courts

Minalik v Meer Co-founder Of Morul [2023] DIFC SCT 072

March 03, 2023 SCT - JUDGMENTS AND ORDERS

Claim No: SCT 072/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE SMALL CLAIMS TRIBUNAL

BETWEEN

MINALIK

Claimant

and

MEER CO-FOUNDER OF MORUL

Defendant

ORDER WITH REASONS OF SCT JUDGE HAYLEY NORTON

UPON this Claim having been called for a Consultation before SCT Judge Hayley Norton on 3 March 2023 with the Claimant and the Defendant’s representative in attendance

AND PURSUANT TO Rule 4.12 of the Rules of the DIFC Courts

IT IS HEREBY ORDERED THAT the Defendant’s name in this Claim shall be amended to “ Morul”.

Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date of Issue: 3 March 2023
At: 3:45pm

SCHEDULE OF REASONS

1. This Claim relates to a tenancy dispute between the Claimant (the landlord’s representative) and the tenant, Morul. The Claim Form dated 14 February 2023 in this matter appears to name the Defendant in this claim to be ‘Meer co-founder of Morul. 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 an authorised signatory of the tenant to be the Defendant 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 as litigants are to represent themselves in their personal capacity, with legal representation being permitted on a conditional basis only subject to authorisation being granted by a judge of the SCT. The SCT’s practice in these circumstances is for the judge presiding over the Consultation to discover an error of incorrectly named litigants and recommend that the parties be correctly identified going forward. I have explained this to the parties, and have determined that this order be made of my own initiative, due to fact that the Claimant faces a barrier with the English language.

3. Therefore, it is hereby ordered that the Defendant’s name is to be amended to reflect the name of the tenant as stated within the tenancy contract, Morul.