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Edyta v Efren [2014] DIFC SCT 038

Edyta v Efren [2014] DIFC SCT 038

July 16, 2014

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Claim No. SCT 038/2014 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS 

In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum,

Ruler of Dubai 

IN THE SMALL CLAIMS TRIBUNAL

BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI 

BETWEEN

EDYTA 

Claimant

and

EFREN

Defendant

Hearing: 3 July 2014

Judgment: 15 July 2014


 JUDGMENT OF H.E. JUSTICE SHAMLAN AL SAWALEHI


 BACKGROUND

1. The Claimant is ABC, the property management company overseeing the Defendant, Efren, the tenant of Building located in the XXX.

2. The Claimant asserts that the Defendant is in violation of his tenancy contract and was served with a tenancy eviction notice on 10 April 2014. As of 21 May 2014, the Defendant continued to occupy the apartment.

3. As a result, on 21 May 2014, the Claimant filed a claim with the Small Claims Tribunal seeking the following remedies a) immediate repossession of the unit from the Defendant; b) unpaid rent from the Defendant in the sum of AED 60,740.00; c) unpaid district cooling expenses amounting to AED 9,643.71, and d) Court fees in the sum of AED 3,521.00.

4. On 8 June 2014, a consultation was held before H.E. Justice Omar Al Muhairi, attended by a representative of the Claimant and the Defendant, but no settlement was reached. A hearing was then scheduled for 3 July 2014.

5. The hearing was held before H.E. Justice Shamlan Al Sawalehi and was attended by xxxx, representative of the Claimant, and the Defendant.

6. At the hearing, the Defendant did not dispute his willingness to vacate the apartment, but expressed that he is unable to move out until the outstanding rents and the air cooling fees are settled.

HOLDING

7. It is hereby ordered that the Defendant, Efren, must immediately vacate the unit.

8. Additionally, the Defendant shall pay the outstanding cooling bill in the amount of AED 9,643.71.

9. Furthermore, the Defendant shall pay the outstanding rent fees for each day he overstays his tenancy contract from the period of 19 February 2014, when the contract expired, up until the last day in which he occupies the unit. The amount to be paid is AED 152.54 per day, not to exceed AED 200,000; calculated from the rental increase calculator price of AED 55,677.60 per year.

10. The Defendant is hereby ordered to pay the courts fee in the sum of AED 3521.00.

 

Issued by:

Nassir Al Nasser

Judicial Officer

Date: 16 July 2014

At: 2pm

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