DIFC 412/2023

Niari v Nuseeb

This case involved non-payment for hire of equipment. The equipment had not been returned. However, there was a fixed end date and it did not automatically renew.

Background

The Claimant was Niari a company registered in Dubai, UAE.

The Defendant was Nuseeb a company registered in Abu Dhabi, UAE.

The Claimant supplied equipment to the Defendant pursuant to the hire Contract dated 24 January 2022. As the equipment remained on the Defendant’s premises, the Claimant issued monthly invoices thereafter.

The Claimant sought payment in relation to the outstanding invoices from February 2023 of AED 37,785.16 allegedly owed by the Defendant pursuant to the Contract.

The Claimant stated that the invoices were delivered to the Defendant and upon receipt, the Defendant placed a ‘received stamp’ on the invoices, therefore making those invoices payable. As such, there was no legal justification for the Defendant’s reluctance to settle the outstanding amount.