Claim No. CFI-028-2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
ESSAM ABDULAMIR HAMADI ALFADHLI AL TAMIMI
(1) JORUM LIMITED
(2) FIRST GRADE PROPERTIES LIMITED
ORDER OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Defendants Application Notice CFI-028-2016/2 dated 19 April 2017 (the “Application”) seeking to set aside the Default Judgment issued on 13 October 2016
AND UPON hearing Counsel for the Claimant and Counsel for the Defendants on 5 July 2017
AND UPON reading the relevant documents on the case file
AND PURSUANT TO Part 14.2 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
Date of Issue: 16 July 2017
SCHEDULE OF REASONS:
“…the Court may, on such conditions as it sees fit, set aside or vary a judgment entered under Part 13 if:
(1) the defendant has a real prospect of successfully defending the claim; or
(2) it appears to the Court that there is some other good reason why:
(a) the judgment should be set aside or varied; or
(b) the defendant should be allowed to defend the claim.”
“In considering whether to set aside or vary a judgment entered under Part 13, the matters to which the Court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.”
The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.
Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.
The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.