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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.
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2022] DIFC CFI 024/2020 — Costs assessment on account (21 June 2022)
Deputy Registrar Ayesha Bin Kalban clarifies the quantum of interim costs payable following the substantive judgment delivered by Justice Roger Giles in the complex multi-party litigation involving Sunset Hospitality Holdings and associated entities.
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2021] DIFC CFI 024 — Agreed Consolidated Case Management Order (01 September 2021)
The litigation involves a complex web of claims and counterclaims between Sunset Hospitality Holdings Limited, Peatura FZ LLC, and Fix Sense Management LLC against Hana Habib Mansoor Habib Al Herz, alongside related corporate entities.
SUNSET HOSPITALITY HOLDINGS v HANA HABIB MANSOOR HABIB AL HERZ [2020] DIFC CFI 024 — Procedural dismissal and appellate leave (12 November 2020)
The dispute centers on the procedural attempt by the Defendant, Hana Habib Mansoor Habib Al Herz, to introduce a counterclaim against the Claimants, Sunset Hospitality Holdings Limited and Peatura FZ LLC.
SUNSET HOSPITALITY HOLDINGS LIMITED v HANA HABIB MANSOOR HABIB AL HERZ [2020] DIFC CFI 024 — Procedural discipline in Part 8 claims (01 October 2020)
The DIFC Court of First Instance reinforces the necessity of strict adherence to procedural timelines in Part 8 claims, dismissing late-stage applications for evidence, counterclaims, and procedural transfers.
TRANSCOM DMCC v KPR AGROCHEM [2019] DIFC CFI 024 — Default judgment for breach of debt and guarantee (30 March 2020)
The lawsuit centered on a commercial debt recovery action initiated by Transcom DMCC against KPR Agrochem Ltd. The claim was predicated on the breach of a Deed of Acknowledgment of Debt and Guarantee, which had been executed by the parties on 10 May 2017.
TRANSCOM DMCC v KPR AGROCHEM [2020] DIFC CFI 024 — Default costs assessment following failure to file points of dispute (12 February 2020)
The dispute originated from a substantive claim brought by Transcom DMCC against KPR Agrochem, which culminated in a Default Judgment issued by Judicial Officer Maha Al Mehairi on 5 September 2019.
EBI SA v LAL MAHAL DMCC [2017] DIFC CFI 024 — Jurisdictional dismissal for lack of clear opt-in (10 April 2017)
The DIFC Court of First Instance confirms that a generic "liberty to resort to other courts" clause fails to satisfy the "specific, clear and express" requirement for DIFC jurisdiction under Article 5(A)(2) of the Judicial Authority Law.
EBI SA, FRANCE v LAL MAHAL DMCC [2016] DIFC CFI 024 — Permission to appeal refused (23 November 2016)
The DIFC Court of First Instance affirms the independence of banking instruments from underlying facility agreements, summarily dismissing an attempt to challenge jurisdiction based on external Nigerian litigation.
ZIAD AZZAM v DEYAAR DEVELOPMENT [2016] DIFC CFI 024 — Exclusive jurisdiction over parallel Dubai Court proceedings (03 January 2016)
The dispute centered on the competing jurisdictional claims between the DIFC Courts and the onshore Dubai Courts. Ziad Azzam initiated proceedings in the DIFC Court of First Instance, seeking to challenge or address matters that were already the subject of litigation in the Dubai Courts under claim…