DIFC 046/2023 on 2 May 2023

Mukar v Mauti

This case involved permission to appeal a ruling on the calculation of holidays.

Background

This was an Appeal brought by the Defendant in this Claim, against the Judgment of H.E. Justice Nassir Al Nasser dated 10 March 2023 in this matter . The Appeal Notice dated 20 March 2023 and 24 April 2023 set out the Defendant’s request for an oral hearing to determine permission to appeal against the Judgment, which was held, in the presence of the Claimant, on 18 April 2023.

In accordance with RDC 53.91, permission to appeal may be granted in limited situations, when there was a real prospect that the appeal would succeed, or where there was another compelling reason why the appeal should be heard.

The Appeal did meet the requirements under RDC 53.91.

The Defendant filed its appeal on the grounds that the SCT Judge had erred in reaching his decision in relation to calculating public holidays.

The Defendant may have a real prospect of success in an appeal against the Judgment.

Decision

 The Permission Application was granted.

Each party was to bear their own costs.