Jimma Fz-LLC v Jinga Real Estate LLC [2018] DIFC SCT 314

February 25, 2019 SCT - Judgments and Orders

Claim No: SCT 314/2018

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler

Ruler

of Dubai

IN THE SMALL CLAIMS TRIBUNAL

Tribunal

OF DIFC COURTS

DIFC Courts

BEFORE SCT JUDGE

Judge

MAHA AL MEHAIRI

BETWEEN

JIMMA FZ-LLC

Claimant

Claimant

v

JINGA REAL ESTATE LLC

Defendant

Defendant

Hearing: 9 January 2019

Judgment: 25 February 2019

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JUDGMENT OF SCT JUDGE MAHA AL MEHAIRI

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UPON the Claim Form being filed on 25 September 2018;

UPON the parties being called on 27 November 2018 for a Consultation before SCT Judge

Judge

Nassir Al Nasser;

UPON the parties not having reached settlement;

UPON a Hearing having been held before SCT Judge Maha Al Mehairi on 9 January 2019, with the Claimant’s and Defendant’s representatives attending in person;

AND UPON reviewing all documents and evidence submitted in the Court

Court

file;

IT IS HEREBY ORDERED THAT :

1.The Defendant shall pay the Claimant a total sum of AED 58,303.95 to include:

(a) AED 39,552 as remaining payment on the Basic Contract;

(b) AED 14,000 as payment of the bounced cheque fee; and

(c) AED 4,751.95 as reimbursement of the SCT Court fees.

2. The Claimant’s additional claims are dismissed.

Issued by:

Maha Al Mehairi

SCT Judge

Date of issue: 25 February 2019

At: 3pm

THE REASONS

Parties

1.Jimma FZ-LLC (hereafter the “Claimant”) is a company providing real estate subscription services in Dubai.

2. Jinga Real Estate LLC (hereafter the “Defendant”) is a company providing real estate services in Dubai.

Preceding History

3. On 25 September 2018, the Claimant filed a claim in the DIFC Courts

DIFC Courts

’ Small Claims Tribunal

Tribunal

(the “SCT”) for certain sums allegedly entitled to it pursuant to the contract entered into between the Claimant and Defendant. The total claim value of AED 91,364 included sums for payment of subscription services, applicable VAT, and 9% interest from the starting date of the contract. The Claim also sought the same interest to accrue until full settlement of the claimed sums as well as all the costs and charges incurred as part of the Claim.

4. The Defendant failed initially to respond to the Claim and the Claimant applied on 28 October 2018 for permission to serve the Claim in an alternative method. The Claimant provided further support for the application on 11 November 2018. The Claimant filed a Certificate of Service

Service

on 14 November 2018.

5. The Defendant emailed the SCT Registry

Registry

on 17 November 2018, at which time a Consultation was scheduled for 27 November 2018. On 24 November 2018 the Claimant filed an application for default judgment, which was rejected pursuant to the Order of SCT Judge Nassir Al Nasser dated 26 November 2018. The Defendant filed an Acknowledgement of Service on 26 November 2018. The parties then attended the 27 November 2018 Consultation, but were unable to reach a settlement.

6. The parties were then informed of the Hearing and submission schedule, with a Hearing scheduled for 31 December 2018. The Claimant requested the Hearing to be postponed, and that request was granted with the Hear