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Huawei Technologies Co. (Nigeria) Ltd v Expresso Telecom Group Limited [2012] DIFC CFI 031

Huawei Technologies Co. (Nigeria) Ltd v Expresso Telecom Group Limited [2012] DIFC CFI 031

December 20, 2012

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Claim No. CFI 031/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

IN THE COURT OF FIRST INSTANCE

BETWEEN

HUAWEI TECHNOLOGIES CO. (NIGERIA) LTD Claimant
and

EXPRESSO TELECOM GROUP LIMITED

Defendant

JUDGMENT OF H.E JUSTICE ALI AL MADHANI

Counsel: Simon Roderick of Allen & Overy on behalf of the Claimants
Rebecca Kelly of Clyde & Co on behalf of the Defendants.
Judgment: 20 December 2012

UPON reviewing the Defendant’s request for time to pay, dated 13 November 2012;

AND UPON reviewing the Claimant’s reply to the Defendant’s request for time to pay, dated 22 November 2012;

AND UPONthe Claimant’s request for immediate judgment, dated 29 November 2012;

AND UPON IT BEING FOUND THAT:

1. The Defendant admitted to the claim.
 
2. The Defendant had not served nor filed their P15/01 admission in the time required under RDC 15.8(4).
 
3. The Claimant rejected the Defendant’s request for time to pay.

IT IS HEREBY ORDERED THAT:

1. The Claimant’s request for immediate Judgment be granted.
 
2. The Defendant’s request for time to pay be rejected.
 
3. The Defendant pay to the Claimant the full amount of US$ 4,038,484.
 
4. The Defendant pay the Claimant’s costs of and occasioned by these proceedings.
 
5. The Defendant pay the Claimant interest accrued at the rate of 1.5% per annum:
a) on the amount US$ 807,696.80, from 1 October 2011;
b) on the amount US$ 1,211,545.20 from 1 November 2011; and
c) on the amount US$ 2,019,242, from 1 January 2012;
until the date of payment.
 
6. Payment to be made within 14 days.
 

Issued by
Registrar
Mark Beer
Date of Issue: 20 December 2012
At: 2 pm

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