June 19, 2025 court of first instance - Orders
Claim No. CFI 094/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
DIMENSION B+ LTD
Claimant
and
SALEH ABDELKARIM HUSSAIN ABDELRAHMAN ALMAAZMI
Defendant
ORDER WITH REASONS OF H.E. JUSTICE NASSIR AL NASSER
UPON the Part 7 Claim Form filed on 17 December 2024 (the “Claim”)
AND UPON the Claimant’s ex parte Application No. CFI-094-2024/2 dated 4 February 2025 seeking permission to serve the claim via either the Sharjah Court by the DIFC Court, or alternatively by alternative method of service (the “Service Application”)
AND UPON the Order of H.E. Justice Nassir Al Nasser dated 13 March 2025 granting the Service Application, permitting service via email
AND UPON the Claimant filing a Certificate of Service on 14 April 2025
AND UPON the request made by the Claimant on 2 May 2025 for a Default Judgment in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts (“RDC”)
AND UPON the Default Judgment of H.E. Nassir Al Nasser dated 27 May 2025 (the “Default Judgment”)
AND UPON the Defendant’s Acknowledgment of Service dated 4 June 2025
AND UPON the Defendants’ Application No. CFI-094-2024/3 dated 4 June 2025, seeking to set aside the Default Judgment, dismiss the Claimant’s claim for lack of jurisdiction and legal costs (the “Application”)
AND UPON reviewing the case file
AND PURSUANT TO RDC Part 14
IT IS HEREBY ORDERED THAT:
1. The Application is partially granted.
2. The Default Judgment shall be set aside.
3. The Defendant shall file a Part 23 Application seeking to contest the jurisdiction of the DIFC Courts by no later than 4pm on Thursday, 3 July 2025.
4. costs shall be costs in the case.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 19 June 2025
At: 1pm
SCHEDULE OF REASONS
1. The Claimant is Dimension B+ LTD, (the “Claimant”), a company incorporated under the laws of the Seychelles.
2. The Defendant is Saleh Abdelkarim Hussain Abdelrahman AlMaazmi (the “Defendant”), a UAE National.
3. On 17 December 2024, the Claimant filed the Claim against the Defendant claiming the sum of AED 4,750,000.
4. On 14 April 2025, the Claimant filed a Certificate of Service confirming that the Claim had been served on the Defendant by email.
5. On 2 May 2025, the Claimant filed a request for a default judgment.
6. On 27 May 2025, the Court issued the Default Judgment of H.E. Justice Nassir Al Nasser (the “Default Judgment”).
7. On 4 June 2025, the Defendant filed an Acknowledgement of Service seeking to defend all of the Claim, however, in his Acknowledgment of Service he is contesting the Jurisdiction of the DIFC Courts. On the same date, the Defendant filed an Application Notice to set aside the Default Judgment, dismiss the Claimant’s Claim due to lack of jurisdiction and legal costs.
8. Upon reviewing the Defendant’s submissions, I find that in accordance with RDC 14.2 the Defendant has demonstrated a real prospect of successfully defending the Claim.
9. Therefore, I set aside the Default Judgment, and order that the Defendant shall file its Part 23 Application to contest the jurisdiction of the DIFC Courts within 14 days from the date of this order.
10. The costs shall be costs in the case.