DIFC 022/2022

Latha v Lavni

This case involved a tri-party contract involving the development of software. Issues included whether a refund was due. Two programmes had been covered by the agreement but only one had been provided. The last installment relating to the second program had not been paid. A maintenance agreement was in place for the first program.

Background

The underlying dispute arose over a conflict between the parties pursuant to a tri-party agreement dated 30 June 2019 whereby the Claimant agreed to retain the services of the Defendant and the third party named Lufti for the purchase of the license to use lin software and the development of two software computer modules.

On 28 January 2022, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal seeking a refund of the fees paid to the Defendant pursuant to the Agreement of 247,668.75 AED.

Although both parties were in attendance at a consultation with a Small Claims Tribunal judge, but they failed to reach a settlement.