DIFC 219/2023
Mirka v Muort
Type
Case
Court
Dubai International Financial Centre - Small Claims Tribunal
Jurisdiction
Dubai International Financial Centre
Taxonomy
Civil Evidence, Litigation Procedure & Practice
Decision date
16 Aug 2023
Catchwords
Right to Appeal - Lack of Evidence
This case involved the refusal of the right to appeal based on a lack of evidence.
Background
By Rule 53.94 of the RDC, applications for permission to appeal may be considered by the Court of First Instance without a hearing. A hearing was unnecessary in this application.
By Rule 53.91 of the RDC, permission to appeal could be given only where the Court considered that the appeal would have a real prospect of success; or there was some other compelling reason why the appeal should be heard.
The proposed appeal did not possess a real prospect of success. In review of the Appeal notice filed by the Defendant, the Appeal did not meet the requirements under RDC 53.91.