DIFC 392/2023

Murbaki v Mithila

This case involved breach of a hire contract. The defendant had failed to appear in court but then requested setting aside of the notice on the grounds of jurisdiction.

Background

The Claimant was Murbaki, a company specialising in the sales and rental of Mobile Elevated Work Platforms based in Abu Dhabi.

The Defendant was Mithila., a company registered in Dubai, the UAE.

On 6 October 2023, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking sums allegedly owed by the Defendant of AED 7,140

On 18 October 2023, the Claimant filed a Certificate of Service confirming that the Defendant had been served notice of the Claim by delivering the Claim Form at the Defendant’s registered address.

A consultation was listed before the SCT on 16 November 2023, at which the Claimant attended and but the Defendant failed to appear. On 16 November 2023, following the Defendant’s failure to attend the Consultation and pursuant to RDC 53.32, an order was made against the Defendant for AED 7,140, in addition to an order that the Defendant pay the Claimant the DIFC Courts’ filing fee in the sum of AED 367.25.