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CFI 023/2017 Meloud Benfetta vs Damac Park Towers Company Limited

CFI 023/2017 Meloud Benfetta vs Damac Park Towers Company Limited

January 7, 2019

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Claim No: CFI-023-2017

 

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BETWEEN

 

MELOUD BENFETTA

 Claimant/Appellant

and

DAMAC PARK TOWERS COMPANY LIMITED

Defendant/Respondent


 ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI


UPON reviewing the Claimant’s Application for extension of time dated 3 January 2019 and statement of reasons for the delay in filing the application for appeal under Rule 44.13 of the Rules of the DIFC Courts (the “RDC”)

AND UPON reviewing the Appellant’s Application for permission to appeal dated 7 October 2018 and the Skeleton Arguments dated 1 November 2018

AND UPON reviewing the Respondent’s submissions in opposition to the Appellant’s Notice and Skeleton Arguments dated 28 November 2018

IT IS HEREBY ORDERED THAT:

1.The Appellant’s Application for extension of time dated 3 January 2019 is granted.

2. The Appellant’s Application for permission to appeal dated 7 October 2018 is refused.

3. The Appellant shall pay the Respondent’s costs for the Application to permission to appeal, to be assessed by the Registrar if not agreed between the parties.

Issued by:

Ayesha Bin Kalban

Assistant Registrar

Date of issue: 07 January 2019

At: 10am

  

SCHEDULE OF REASONS

1.I find that the Appellant’s application for permission to appeal does not have a real prospect of success nor is there some other compelling reason why the appeal should be heard, pursuant to RDC 44.8.

2. Moreover, I find that the Appellant’s appeal notice and the skeleton arguments fail to identify any error in the decision of the Judge and do not identify any grounds for appeal, pursuant to RDC 44.35.

3. For the above reasons, I am of the view that this Court should refuse permission to appeal.

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