April 28, 2025 court of first instance - Orders
Claim No: CFI 066/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) KLESTA ESHJA
(2) HAIR CREATORS SALON LLC
Claimants
and
(1) SALAH MASRI a.k.a SALAH MOHAMED ADEL AL MASRI
(2) HAIR CRAFTERS COMPANY LTD (TRADING NAME THE GROVE SALONS) a.k.a HAIR BY SALAH
(3) LULIIA VALIULLINA
Defendants
ORDER WITH REASONS OF H.E.JUSTICE THOMAS BATHURST
UPON the Part 7 Claim Form filed on 23 September 2024
AND UPON the Case Management Conference held before H.E. Justice Thomas Bathurst on 3 March 2025, with counsel for the Claimant and the Defendants in attendance
AND UPON the Claimant’s Application No. CFI-066-2024/1 filed on 20 March 2025, seeking to include an additional claimant to the Claim (the “Application”)
AND UPON reviewing the submissions on the Court file
AND PURSUANT TO Part 20 of the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED THAT:
1. Pursuant to RDC 20.11, Hair Creators Salon LTD be joined as Second Claimant in the proceedings.
2. There shall no order as to costs.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 28 April 2025
At: 3pm
SCHEDULE OF REASONS
1. By an application dated 20 March 2025, Ms Klesta Eshja (the “Claimant”), wrote to the Court for leave to add Hair Creators Salon LLC (the “Company”), a DIFC-registered entity, as an additional claimant in the proceedings.
2. It is unnecessary to set out the nature of the claim in any detail, but it arises out of the sale by the First Respondent, Mr Salah Masri, of the whole of the issued capital in the Company to the Claimant.
3. The Claimant has made a substantial number of claims against Mr Masri including but not limited to breaches of the contract pursuant to which the shares were sold. She has also made other claims against the Second Respondent, Hair Crafters Company LTD, and Ms Luliia Valiullina. It is unnecessary to set out the details of those claims. In addition, the Claimant has alleged Mr Masri breached fiduciary and other obligations owed by him to the Company, including by withdrawing funds from that company to which he was not entitled. It is these allegations which form the basis of the claim sought to be brought by the Company.
4. The Company was not named as a claimant in the original claim form, nor has it been added since. However, the particulars of claim filed on behalf of the Claimant on 7 January 2025 purport to add it as a claimant and alleges that in breach of his fiduciary obligations to the company, Mr Masri failed to act with loyalty, failed to act in good faith and failed to exercise due care and diligence in breach of his obligations as a director of the Company (see paragraphs 106-114 of the particulars of claim).
5. By an undated letter delivered to the Dubai International Finance Centre (DIFC), the company provided its consent to be joined pursuant to the provisions of RDC Part 20, r 20.16.
6. I am satisfied that the particulars of claim properly plead allegations by the Company against the First Defendant and in those circumstances, it is appropriate I make the following order:
(a) Pursuant to RDC r 20.11 I order that Hair Creators Salon LTD be joined as Second Claimant in the proceedings.
