DIFC 033/2017 on 23 July 2019
Bankmed (SAL) Trading in the DIFC under The Trade Name Bankmed (Dubai) v (1) Fast Telecom General Trading LLC (2) Ali Mohammed Salem Abu Adas (3) Mohammad Jawdat Ayesh Mustafa Al Bargouthi (4) Saif Saeed Sulaiman Mohamed Al Mazrouei (5) Ibrahim Saif Hormodi (6) Ahmed Abdel Kader Hamdan Zahran
This case involved a request for a default judgment as defence had not been filed in time but there had been a previous challenge of jurisdiction.
Background
A request was made by the Claimant on 18 July 2019 for a Default Judgment against the Second Defendant in accordance with Rule 13.1 (1) and (2) of the Rules of the DIFC Courts. In the Request, the Claimant mentioned that the Second Defendant had a deadline to file his defence pursuant to the Order of H.E. Justice Omar Al Muhairi dated 12 November 2018, in which he failed to do so.
On 8 July 2019, the Second Defendant had filed an Application Notice CFI-033-2017/10 ) challenging the DIFC Courts Jurisdiction. The DIFC Courts' Registry had no evidence of whether the Second Defendant had served the Application on the Claimant.