DIFC 077/2021, [2021] DIFC CFI 077

Eshraq Investments PJSC v Shehab M. Gargash & Others

This case involved claims for damages because it was claimed property which was being purchased had not been registered and NOCs issued when required. This was dismissed as not proven. There was also a counter claim for defamation and malicious prosecution. These torts did not come under the DIFC court's jurisdiction and the Dubai courts had already stated they lacked jurisdiction as the torts related to a property claim for which the DIFC not them had jurisdiction.

Background

The Claimant (Eshraq) brought three claims (Case Numbers CFI-077-2021, CFI-078-2021 and CFI-081-2021) in broadly identical terms against Mr Shahab M. Gargash, Daman Investments PSC (Investments) and Daman Real Estate Capital Partners Limited (RECAP) involving the purchase of residential units in the Burj Daman, DIFC. The claims were consolidated by Consent Orders made 24 March 2022 under CFI-077-2021.