DIFC 480/2023

Nysa v Norwood 

This case was a request to appeal a small claims tribunal ruling on a lease dispute. Issues included whether the lessor was obliged to do maintenance and the treatment of the security deposit. There was difference on the maintenance requirement between the DIFC Law No. 1/2020 provision and lease clause.

Background

This was an Application for permission to appeal the judgment of the Small Claims Tribunal Judge given on 20 February 2024. In terms of Rule 53.87 of the DIFC Court Rules, an appeal would be allowed where a decision was wrong. There was also a possibility of an appeal based on the decision being unjust, because of procedural unfairness or a miscarriage of justice, but nothing of that sort arose in this case. In terms of Rule 53.91 permission to appeal could only be given if there was a real prospect of success or some other compelling reason why the appeal should be heard. The question here, was whether the Defendant could show that she had a real prospect of success on the appeal if permission to appeal was granted.