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GFH CAPITAL v JOSEPH ZAHRA [2014] DIFC CFI 025 — Discontinuance by consent (11 May 2014)
The litigation initiated under claim number CFI 025/2013 involved GFH Capital Limited as the claimant against three distinct respondents: Mr Joseph Zahra, Zedklym Investment Company Limited ING, and Fujairah National Construction Company.
GFH CAPITAL v JOSEPH ZAHRA [2013] DIFC CFI 025 — Default judgment for USD 2.2 million (19 December 2013)
The DIFC Court of First Instance confirms the procedural requirements for securing a default judgment against multiple defendants, including those served outside the jurisdiction, in a commercial debt recovery action.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2015] DIFC CFI 025 — Discharge of Charging Order via Consent (28 April 2015)
The litigation involved a multi-party claim brought by Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox against Daman Real Estate Capital Partners Limited.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2015] DIFC CFI 025 — Enforcement of Default Costs Certificate (26 January 2015)
The litigation involved a significant claim for legal costs arising from the underlying dispute in CFI 025/2012. Following the conclusion of the substantive proceedings, the Claimants—Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox—sought to recover…
DAMAN REAL ESTATE CAPITAL PARTNERS v KENNETH DAVID ROHAN [2013] DIFC CFI 025 — Refusal of stay of execution pending appeal (11 November 2013)
The dispute arose from a judgment handed down on 4 August 2013, in which Justice Sir Anthony Colman ordered Daman Real Estate Capital Partners Limited to return substantial deposits to the Claimants, Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2012] DIFC CFI 025 — Construction delay and contractual termination rights (04 August 2013)
The dispute arose from the failure of the Defendant, Daman Real Estate Capital Partners, to deliver residential apartments in the "The Buildings by Daman" project within the timelines stipulated in the sale and purchase agreements.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2013] DIFC CFI 025 — Procedural order for closing submissions (28 May 2013)
This procedural order marks the transition from the evidentiary trial phase to the final written advocacy stage in a complex real estate dispute before the DIFC Court of First Instance.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2013] DIFC CFI 025 — Procedural directions for closing submissions (16 May 2013)
The litigation involves a group of four Claimants—Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox—who brought an action against Daman Real Estate Capital Partners Limited.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2013] DIFC CFI 025 — Amended Case Management Order (26 March 2013)
The litigation involves a claim brought by four individual claimants—Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox—against Daman Real Estate Capital Partners Limited.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2013] DIFC CFI 025 — Disclosure and information request compliance (04 March 2013)
The dispute arises from a real estate matter involving Claimants Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox against the Defendant, Daman Real Estate Capital Partners.
KENNETH DAVID ROHAN v DAMAN REAL ESTATE CAPITAL PARTNERS [2013] DIFC CFI 025 — Case Management Order (06 January 2013)
The dispute involves four claimants—Kenneth David Rohan, Andrew James Mostyn Pugh, Michelle Gemma Mostyn Pugh, and Stuart James Cox—against Daman Real Estate Capital Partners. The litigation centers on real estate development issues, necessitating a structured approach to discovery to narrow the…
EMIRATES NBD CAPITAL v NBD SANA CAPITAL MANAGEMENT SHAREHOLDING [2010] DIFC CFI 025 — Discontinuance via settlement (13 April 2010)
The litigation, filed under case number CFI 025/2009, involved Emirates NBD Capital Limited (formerly known as NBD Investment Bank Limited) as the Claimant against NBD Sana Capital Management Shareholding Co and Mr Abrar Mir as the Defendants.
DIFC INVESTMENTS v DUBAI ISLAMIC BANK [2022] DIFC CFI 024 — Consent order for costs (28 June 2022)
This consent order formalizes the final financial resolution regarding legal costs following the substantive judgment delivered by the Court of First Instance in June 2022.
DIFC Investments v Dubai Islamic Bank [2022] DIFC CFI 024 — Immediate judgment on the validity of project proceeds assignment (13 June 2022)
The DIFC Court of First Instance clarifies the distinction between a pledge of proceeds and an assignment of contractual rights, ruling that an anti-assignment clause in a construction contract remains enforceable against third-party creditors.
FIMBANK P.L.C v BHATIA TR. CO. [2022] DIFC CFI 024 — Declaratory relief on guarantee demand requirements (29 August 2022)
This order clarifies the procedural threshold for triggering liability under guarantee agreements by confirming the sufficiency of specific postal and courier service methods for formal demands.
FIMBANK P.L.C v BHATIA TR. CO. [2022] DIFC CFI 024 — Failure to establish condition precedent for immediate judgment (01 April 2022)
The DIFC Court of First Instance dismissed an application for immediate judgment against guarantors, ruling that the claimant failed to prove that a formal demand for payment—a condition precedent to liability—had been validly issued.
FIMBANK P.L.C v BHATIA TR. CO. LLC [2021] DIFC CFI 024 — Default judgment for commercial debt (20 December 2021)
The dispute centers on a commercial debt recovery action initiated by FIMBANK P.L.C against the First Defendant, Bhatia Tr. Co. LLC, alongside two individual defendants. The Claimant sought a judgment for a specified sum of money arising from the First Defendant’s failure to satisfy its financial…
FIMBANK v BHATIA TR. CO. [2021] DIFC CFI 024 — Alternative service via email (19 April 2021)
The litigation involves FIMBANK P.L.C as the Claimant and a trio of Respondents: Bhatia Tr. Co. LLC, Mr. Rajeev Suresh Bhatia, and Mr. Suresh Tulsidas Bhatia. The dispute, registered under case number CFI 024/2021, necessitated an application for alternative service because the Claimant encountered…
FIMBANK P.L.C v BHATIA TR. CO. [2021] DIFC CFI 024 — Alternative service via email (18 April 2021)
The litigation involves a claim initiated by Fimbank P.L.C against three distinct defendants: a corporate entity and two individuals. The dispute centers on the procedural hurdle of initiating proceedings when standard service methods are either impractical or have failed, necessitating judicial…
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2023] DIFC CFI 024 — Continuation of detailed assessment proceedings (18 October 2023)
The litigation, consolidated under CFI 024/2020 and CFI 059/2020, involved a multi-party dispute between Sunset Hospitality Holdings Limited, Peatura FZ LLC, and Fix Sense Management LLC against Hana Habib Mansoor Habib Al Herz.
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2022] DIFC CFI 024 — Purging contempt and discharging sanctions (08 December 2022)
The DIFC Court of First Instance clarifies the procedural path for purging contempt and the subsequent discharge of sanctions in the context of ongoing commercial litigation.
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2022] DIFC CFI 024 — Contempt of court and share transfer enforcement (13 October 2022)
The dispute centers on the failure of the Respondent, Hana Habib Mansoor Habib Al Herz, to comply with a previous order issued by Justice Giles on 27 May 2022. The Claimants, Sunset Hospitality Holdings Limited and Peatura FZ LLC, sought an order of committal after the Respondent failed to transfer…
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2022] DIFC CFI 024 — procedural adjournment of committal proceedings (23 September 2022)
The litigation under case number CFI 024/2020 involves a dispute between the Claimants, Sunset Hospitality Holdings Limited and Peatura FZ LLC, and the Defendant, Hana Habib Mansoor Habib Al Herz.
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2022] DIFC CFI 024/2020 — Dismissal of application to vary costs order (29 August 2022)
The litigation involved a complex consolidation of claims between Sunset Hospitality Holdings Limited, Peatura FZ LLC, and Fix Sense Management LLC against Hana Habib Mansoor Habib Al Herz and various Sunset Hospitality entities.