DIFC 167/2024
Napoleon v Norris
This case involved a failure to pay invoiced amounts under an equipment hire contract. Issues included the evidence needed to prove items had been lost and if a contractual penalty should still be paid when the defendant had tried to negotiate a settlement agreement for payment.
Background
The Claimant was Napoleon a company registered in Dubai, the UAE.
The Defendant was Norris (tha company registered in Dubai, the UAE.
In accordance with a hire contract dated 2 October 2023 the Claimant stated it issued 13 invoices at the Defendant’s request pursuant to the purchase orders for equipment hiring such as fuel tanks, diesel, cables and extinguishers.
The Claimant sought sums allegedly owed to the Claimant by the Defendant pursuant to the Contract in the sum of AED 417,801.95 (inclusive of penalty fee of AED 20,000) in addition to 10% interest on the judgment sum and full payment of the DIFC Courts’ filing fee.