DIFC 037/2021
Lasaki v Lavesh
This case involved a request to appeal. Key points were the counterclaim could not be heard as it had not been formally submitted. A jurisdiction claim had already been addressed.
Background
This was an Appeal brought by the Defendant in this Claim, against a judgment dated 9 March 2021 in this matter. The Appeal Notice dated 16 March 2021 sets out the Defendant's request for an oral hearing to determine the application seeking permission to appeal against the Judgment, which was duly held , in the presence of the Claimant, on 21 March 2021.
The background of this Claim was set out in the Judgment
In accordance with ARDC 44.19, permission to appeal could be granted in limited situations, which were when there was a real prospect that the appeal would succeed, or where there is another compelling reason why the appeal should be heard.
The court ruled that the Appeal did not meet the requirements under ARDC 44.19.
The Appeal notice filed by the Defendant included a document entitled ‘Details of Appeal', where the Defendant set out 3 grounds of appeal, all pertaining to the Claimant's failure to serve his notice period with the Defendant.