DIFC 457/2020
Lajita v (1) Lakshan (2) Lakni (3) Lajjak (4) Lalam
This case involved a loan which was the subject of a promissory note. An initial payment by a post dated cheque bounced and steps were taken as the defendant was outside the UAE to use other parties in Switzerland to facilitate the payment of another cheque which also bounced. There was no dispute the first defendant who had obtained the loan was liable and his financial difficulties did not alter this. Key issues were whether the second defendant was a guarantor and if the third and fourth defendants who had acted as a middleman and post box for the replacement cheque were also liable. The issue of legal costs and interest was also considered.
Background
Lajita was an individual that had provided the First Defendant with a financial loan.
Lakshan the First Defendant was an individual who had availed of the loan.
Lakni the Second Defendant was an investment company located in Switzerland.
Lajjak the Third Defendant was an individual who owned the Second and Fourth Defendant.
Lalam the fourth Defendant was a company in liquidation located in Switzerland.