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CFI 011/2017 MR AHMAD MAJED MOHAMAD LUTFI KABBARA v EFG-HERMES UAE LIMITED

CFI 011/2017 MR AHMAD MAJED MOHAMAD LUTFI KABBARA v EFG-HERMES UAE LIMITED

June 18, 2017

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Claim No. CFI 011-2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

MR AHMAD MAJED MOHAMAD LUTFI KABBARA

Claimant

and

EFG-HERMES UAE LIMITED

Defendant


REASONS FOR THE ORDER OF JUSTICE TUN ZAKI AZMI DATED 30 MAY 2017


UPON the Order of Justice Tun Zaki Azmi dated 30 May 2017

AND UPON the Claimant seeking reasons for the Order of Justice Tun Zaki Azmi by way of email dated 8 June 2017

REASONING

1.Since the Claimant failed in his application it is only right that costs be awarded against him in favour of the Defendant.

2. As to the award of costs to the Defendant regarding cancellation of the Claimant’s visa, from the submissions provided it is shown that the Claimant had been requesting cancellation of his visa with pending issues (without receiving his dues, until the case would be resolved) but the Defendant kept delaying the matter and at the end the authorities cancelled his visa with pending issues unresolved. The Defendant should be penalised by costs since he kept on delaying the matter, which led the Claimant to file his claim. The Defendant was in fact assured that it is normal procedure to cancel the visa with no risk or consequences to the dispute  between the parties. The Defendant was abusing the Claimant’s need for cancellation of his visa. One of the reasons for being awarded costs is conduct of a party. For this reason, I think it appropriate that the Claimant be given his costs in relation to the cancellation of the visa,

 

Issued by:

Nassir Al Nasser

Judicial Officer

Date of Issue: 18 June 2017

At: 2pm

 

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