DIFC 164/2023
Mufik v Mohani
This case involved the correction of the name of a defendant.
Background
This claim related to an employment dispute between the Claimant and Mohani. The Claim Form dated 27 April 2023 in this matter appeared to name the Defendant Mohani. In review of the Claim Form and the documents filed in support of it, it appeared that the Claimant, upon filing the Claim Form, had erroneously included the name of a representative of a different company as the Defendant.
The error made by the Claimant within the Claim Form was a common one and could be attributed to the nature of the Small Claims Tribunal as litigants are self-represented, with legal representation permitted on a conditional basis only subject to authorisation being granted by a judge of the SCT. The SCT’s practice in these circumstances was for the judge presiding over the consultation or hearing to discover an error of incorrectly named litigants or parties and recommend that the parties be correctly spelled going forward.
Decision
The Defendant’s name in this claim was amended to “Mohani.”
The case title was amended to reflect the parties’ names as set out above.