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Halvar v Hana [2016] DIFC SCT 210 — Real property jurisdiction and the limits of opt-in clauses (22 January 2017)
The Small Claims Tribunal clarifies that contractual opt-in clauses cannot confer jurisdiction upon the DIFC Courts for disputes involving real property located outside the DIFC, overriding party autonomy in favor of statutory territorial restrictions.
NILDA v NIXIE [2024] DIFC SCT 209 — Enforcement of settlement agreements and unpaid cheques (09 August 2024)
The dispute arose from a failed commercial arrangement where Nilda had placed a purchase order with Nixie on 9 September 2022 for goods totaling AED 671,500.07. Following a series of advance payments by Nilda, Nixie failed to fulfill the order, supplying only a fraction of the materials.
MOJITA v MOCKA RESTAURANT [2023] DIFC SCT 207 — Employer prohibition on recouping visa costs (28 July 2023)
The dispute centered on the Claimant’s resignation during her probationary period and the subsequent refusal by the Defendant to settle her final entitlements. The Claimant sought recovery of unpaid tips and payment in lieu of accrued public holidays, alongside a mandatory order for the Defendant…
MAB v MACE [2023] DIFC SCT 206 — Construction dispute over snagging and defective works (25 December 2023)
The Small Claims Tribunal clarifies the contractual obligations of contractors regarding snagging procedures and the assessment of damages for defective construction works.
NAATHIM v NABEEL AND NASRULLAH [2024] DIFC SCT 205 — Permission to appeal regarding personal liability for corporate contractual obligations (16 October 2024)
The dispute originated from a "Licence to Occupy" agreement intended to facilitate the operation of a coffee shop by a business entity named "Nadid." The Claimant, Naathim, alleged that she had personally paid AED 75,000 in cash to the Second Defendant, Nasrullah, as a rental deposit for the…
NAATHIM v NABEEL AND NASRULLAH [2024] DIFC SCT 205 — Evidentiary standards for cash payments in tenancy disputes (06 September 2024)
The dispute centered on a failed commercial tenancy arrangement for a kiosk, where the Claimant, Naathim, alleged she had paid AED 75,000 in cash to the Second Defendant (a property management company) for rent and an additional AED 10,000 to the First Defendant (her former employer) as a…
Mubhil v Mirbif [2023] DIFC SCT 204 — Dismissal of application to set aside default order due to procedural delay (14 December 2023)
This Small Claims Tribunal order clarifies the strict temporal requirements for setting aside default judgments, emphasizing that a party’s internal administrative failures or personal absences do not excuse a 139-day delay in filing under RDC 53.35.
JAKIF BANK v JESNA [2019] DIFC SCT 204 — Debt recovery in the Small Claims Tribunal (29 May 2019)
The Small Claims Tribunal affirms the enforceability of restructured personal loan agreements where the debtor acknowledges the outstanding balance but fails to file a formal defence.
NEVILLE v NETTIE [2023] DIFC SCT 203 — Setting aside a default order based on new evidence (30 May 2024)
The dispute originated from a claim filed by the Claimant, Neville, against the Defendant, Nettie, concerning alleged unpaid employment benefits. The total amount at stake in the litigation was AED 41,591.45.
NEVILLE v NETTIE [2023] DIFC SCT 203 — Setting aside default judgments in the Small Claims Tribunal (21 May 2024)
The dispute concerns a claim brought by Neville against Nettie, which initially proceeded through the Small Claims Tribunal without the active participation of the Defendant. The matter reached a critical juncture following the issuance of a Default Order by SCT Judge Delvin Sumo on 10 July 2023.
NAWAF v NASIB [2024] DIFC SCT 202 — Jurisdictional interpretation of "DFSA" in construction contracts (28 August 2024)
The dispute arose from a failed villa renovation project in Dubai, which led the Claimant, Nawaf, to seek a significant refund of advance payments made to the contractor. The Claimant alleged that the First Defendant, Nasib, failed to deliver the renovation works within the agreed timeframe,…
MUTLA v MEHERO [2023] SCT 202 — Dismissal of application to set aside default judgment due to procedural delay (14 December 2023)
The dispute originated from a claim for unpaid employment entitlements filed by the Claimant, Mutla, against the Defendant, Mehero, an outsourcing agency operating within the DIFC. The Claimant sought recovery of outstanding payments allegedly owed upon the conclusion of their employment…
Nikholai v Newton [2024] DIFC SCT 201 — Employment gratuity and penalty dispute (29 July 2024)
The Small Claims Tribunal clarifies the calculation of end-of-service gratuity and the application of Article 19 penalties following the transition of an employee from an onshore Dubai entity to a DIFC-registered employer.
Ninian v Nixie [2024] DIFC SCT 201 — Jurisdictional challenge regarding DIFC employment status (06 June 2024)
The Small Claims Tribunal clarifies that a DIFC trade license and the issuance of a DIFC employment card establish the Court’s jurisdiction over employment disputes, notwithstanding contractual clauses attempting to designate onshore UAE law.
Landry v Langston Restaurant & Bar [2020] DIFC SCT 201 — Small Claims Tribunal adjudication of end-of-service entitlements (03 August 2020)
The dispute originated from the termination of the Claimant, Landry, by the Defendant, Langston Restaurant & Bar, following a period of employment that commenced in March 2019. The Claimant initiated proceedings in the Small Claims Tribunal (SCT) seeking a total of AED 11,876, alleging that the…
IONAS v IVAAR MIDDLE EAST [2018] DIFC SCT 201 — Employment wage dispute and Article 18 penalty application (16 August 2018)
The Small Claims Tribunal clarifies the scope of statutory penalties under the DIFC Employment Law, ruling that Article 18 does not permit the compounding of penalties across individual, fragmented claims.
HARSHAD v HENA [2017] DIFC SCT 201 — Employment settlement and accrued leave calculation (19 September 2017)
The dispute arose following the Claimant’s resignation from her position at the Defendant’s restaurant after five months and 15 days of service. Upon her departure, the Defendant withheld AED 5,135 from her final dues, citing contractual provisions that allowed for the recovery of visa, medical,…
Naazim v Novak [2024] DIFC SCT 200 — Jurisdictional challenge regarding visa-only employment contracts (12 August 2024)
The Small Claims Tribunal clarifies the limits of DIFC jurisdiction when an employment contract is executed solely for visa sponsorship purposes, confirming that the Court will look beyond the face of the document to the underlying reality of the employment relationship.
LIMONA v LANEUR HOLDING [2020] DIFC SCT 200 — Employment termination and COVID-19 emergency measures (13 August 2020)
The dispute concerned a claim for unpaid employment entitlements following the summary termination of the Claimant, Limona, by the Defendant, Laneur Holding Limited. The Claimant initiated proceedings in the DIFC Small Claims Tribunal (SCT) seeking a total sum of AED 105,947.58.
LEATRIX v LEBRON [2021] DIFC SCT 199 — Judicial confirmation of employment contract variations via email evidence (16 August 2021)
The dispute centered on a claim for unpaid salary arising from a disagreement over the Claimant’s remuneration package. The Claimant, Leatrix, asserted that his initial employment terms, which stipulated a salary of AED 10,000, had been formally varied to USD 10,000 per month following a meeting…
HALEY v HAKON [2016] DIFC SCT 199 — Enforcement of unpaid service charges under the Strata Title Law (30 January 2017)
The dispute centered on the Defendant’s persistent refusal to pay service charges and associated late payment penalties for a residential unit located within the DIFC. The Claimant, acting as the management entity for the building, sought to recover outstanding balances that had accrued over the…
MISHTUN v MAWUL [2023] DIFC SCT 198 — Breach of Master Services Agreement and unpaid insurance premiums (15 August 2023)
The dispute centered on a Master Services Agreement (MSA) entered into on 1 May 2021, under which the Claimant, Mishtun, provided the Defendant, Mawul, with access to commercial office space and telecommunications services.
Jasi v Joon Investment [2019] DIFC SCT 198 — Failure to prove contractual indemnity for legal fees (17 June 2019)
The Claimant, Jasi, sought to recover USD 60,000 in legal fees he allegedly incurred while defending himself against regulatory and judicial investigations in the UAE, Jordan, and the Kingdom of Saudi Arabia (KSA).
Neda v Naval and Neema [2024] DIFC SCT 197 — Breach of contract for unpaid legal fees (31 July 2024)
The dispute arose from a contract for legal services provided by the Claimant, a DIFC-registered law firm, to the Defendants in relation to a complex shareholder dispute. The Claimant sought recovery of an outstanding balance for work performed between late 2021 and early 2022.