CFI 045/2022 Dr Christopher Emeka Oduneye-brainiff v Commerzbank Ag (DIFC Branch)

February 08, 2023 COURT OF FIRST INSTANCE - ORDERS

Claim No. CFI 045/2022

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

DR CHRISTOPHER EMEKA ODUNEYE-BRAINIFF

Claimant

and

COMMERZBANK AG (DIFC BRANCH)

Defendant

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ORDER WITH REASONS OF JUSTICE MICHAEL BLACK

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UPON the Defendant’s Application Notice CFI-045-2022/1 dated 30 September 2022 seeking immediate Judgment against the Claimant (the “Defendant’s Application”)

AND UPON the Defendant’s First Witness Statement of Mr. Raymond Clement dated 16 September 2022 filed in support of the Defendant’s Application

AND UPON the Claimant’s Witness Statement dated 28 October 2022

AND UPON the Defendant’s Second Witness Statement of Mr. Raymond Clement dated 9 November 2022

AND UPON the Claimant’s and Defendant’s skeleton argument dated 30 January 2023

AND UPON the Claimant’s and Defendant’s costs submissions dated 2 February 2023

AND UPON reviewing all relevant documents and submissions on the Court file

IT IS HEREBY ORDERED THAT:

1. The Defendant’s Application is dismissed.

2. The Defendant shall pay the Claimant's costs assessed at AED 170,000.

Issued by:
Delvin Sumo
Assistant Registrar
Date of issue: 8 February 2023
At: 2pm

SCHEDULE OF REASONS

Introduction

1. This is an application by the Defendant, Commerzbank AG (DIFC Branch), issued on 30 September 2022 for:

(1) Immediate judgment to be entered dismissing the Claims for race discrimination prior to 11 January 2021, false representation/misrepresentation, unlawful deduction of wages and penalties against the Claimant pursuant to Rule 24.1 of the Rules of the DIFC Courts (the “RDC”); or

(2) The parts of the Claimant's Particulars of Claim in respect of the claims for race discrimination prior to 11 January 2021, false representation/ misrepresentation, unlawful deduction of wages and penalties are struck out pursuant to RDC 4.16; and

(3) Costs.

2. The Claimant, Dr Christopher Emeka Oduneye-Braniff, is a senior banker of Nigerian origin. He holds degrees in mathematics from Imperial College London and the University of Cambridge.

3. The Defendant, Commerzbank AG, is the leading bank for the German Mittelstand, partnering around twenty-eight thousand corporate client groups, and with about eleven million private and small business customers in Germany. The Bank's head office is at the Kaiserplatz in Frankfurt. The Bank is also present internationally with nineteen operational foreign branches, thirty-five international representative offices and financial institution desks, and seven material subsidiaries worldwide, and with a presence in almost forty countries where the Bank's corporate clients do business. The Defendant carries on business via a branch with an office in the DIFC.

4. The Claimant held various positions with branches of the Bank from November 2006 to December 2022:

(1) November 2006 – February 2008: Financial Engineer – London Branch;

(2) February 2008 – February 2009: EM Structured Credit Trader – London Branch;

(3) February 2009 – August 2012: Head of EM Structured Credit Trading (corporate title of Director) – London Branch;

(4) August 2012 – April 2013: Head of EM Structured Credit Trading (corporate title of Director) – Singapore Branch;

(5) April 2013 – April 2016: Head of Structured Credit Trading and Regional Head of Fixed Income Currencies and Commodities Asia (corporate title of Managin