DIFC 012/2013 on 03/12/2013
Stocker v Darian on 03/12/2013
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCE CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
General Civil Procedure & Administration of Justice, General Contract Law, General Landlord & Tenant, Lending & Security
Copyright
LexisNexis
Decision date
3 Dec 2013
Hearing/Judgment date
3 December 2013
Panel
HE Justice Ali Al Madhani
Catchwords
Civil Procedure – Small Claims Tribunal – Appeal – Claimant issuing proceedings against defendant for non-payment of security deposit on rental of property – Defendant filing defence and counterclaim – Court Registry sending notice of hearing to wrong address – Defendant not appearing at hearing – Claim being allowed in part and counterclaim being dismissed for lack of evidence – Defendant appealing – Whether defendant should be granted in limine relief regarding Registry’s error – Whether defendant having submitted sufficient evidence in support of counterclaim – Whether defendant having valid counterclaim – Whether judge erring in granting claim when claimant being in breach of duties as landlord