CFI 095/2023 Ahmed Seddiq Mohamed Samea Almutawa v Mohamed Seddiq Mohamed Samea Al Mutawa

February 24, 2025 court of first instance - Orders

Claim No: CFI 095/2023

IN THE COURTS OF DUBAI INTERNATIONAL FINANCIAL CENTRE

IN THE COURT OF FIRST INSTANCE

BETWEEN

AHMED SEDDIQ MOHAMED SAMEA ALMUTAWA

Claimant

and

MOHAMED SEDDIQ MOHAMED SAMEA AL MUTAWA

Defendant

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ORDER WITH REASONS OF H.E. JUSTICE RENE LE MIERE

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UPON the Part 7 Claim Form dated 20 December 2023

AND UPON the Claimant’s Application No. CFI-095-2023/5 dated 30 January 2025 (the “Application”)

AND UPON the Defendant’s evidence in answer dated 17 February 2025 and the Claimant’s evidence in reply dated 20 February 2025

IT IS HEREBY ORDERED THAT:

1. The Application is dismissed.

2. The Claimant shall pay the Defendant’s costs of the Application to be assessed if not agreed.

Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 24 February 2025
At: 2pm

SCHEDULE OF REASONS

Summary

1. The Claimant has applied for orders that the Defendant disclose his assets and undertake not to dispose or deal with them (the “Application”).

2. For the reasons stated below, the Application will be dismissed.

3. The Claimant must pay the Defendant's costs of the Application to be assessed if not agreed.

The application

4. The Claimant applies for orders that:

(a) the Defendant disclose his assets within a stipulated time frame, including all movable and immovable properties, bank accounts, and financial interests, wherever situated; and

(b) the Defendant provide an undertaking to the Court that he will not dispose of, transfer, or otherwise diminish the value of his disclosed assets until the final adjudication of the case.

5. The Claimant states the grounds of the Application are:

(a) The Defendant's conduct throughout the proceedings has been characterised by a pattern of delay, evasion, and disregard for his contractual obligations under the SPA.

(b) The Defendant has not only failed to pay the consideration amount of AED 16.03 million but has also admitted his lack of financial means in correspondence, raising serious concerns about his ability and willingness to satisfy any judgment in favour of the Claimant.

(c) The Defendant has failed to engage meaningfully in ADR, and his delay in appointing an expert despite relying on this as a core defence and his dilatory tactics have significantly prejudiced the Claimant, who has been compelled to incur substantial legal and procedural costs to protect his rights.

(d) The Claimant has every reason to apprehend that the Defendant may not only be unable to meet any judgment but may also dissipate his assets to frustrate the enforcement of such a judgment.

6. The fifth witness statement of Asha Treesa Bejoy, the Managing Partner of ATB Legal Consultancy FZ LLC supports the Application. The witness statement states:

(a) The Claimant and Defendant are brothers who were previously involved in joint business ventures, including the company Dynamic Security Establishment, which was later rebranded as Atlas Dynamic Electronic System LLC.

(b) The Claimant alleges that the Defendant breached a Share Sale and Purchase Agreement (SPA) executed on 25th November 2018, under which the Defendant was to purchase a 70% stake in the company for AED 16,030,000, payable in 60 monthly instalments. The Defendant has failed to make any payments as per the agreement, constituting a breach of contract. Additionally, the Defendant has not complied with post-sale obligations, such as removing the "Atlas" name from the