DIFC 021/2015
Theron Entertainment LLC v MAG Financial Services LLC-4
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
Leases & Tenancy Agreements, Remedies
Copyright
LexisNexis
Decision date
11 May 2017
Hearing/Judgment date
11 May 2017
Panel
HE Justice Ali Al Madhani
Catchwords
Landlord and tenant – Tenancy contract – Construction – Permitted use – Termination clause – Claimant entering into tenancy contract to lease premises from defendant for use as restaurant – Premises not approved for use as bar and restaurant – Defendant delaying in obtaining change of use – Claimant obtaining order for specific performance requiring defendant to obtain change of use – Defendant complying with order – Claimant subsequently purporting to terminate contract and seeking damages – Whether defendant under obligation to change use of premises – Whether claimant entitled to terminate contract – Whether damages claim abuse of process in light of order for specific performance