Claim No. SCT 234/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSER
|Hearing :||15 September 2021|
|Judgment :||20 October 2021|
JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPONthis claim having been called for a hearing, the Claimant and the Defendant’s representatives attended the hearing;
AND UPONreading the submissions and evidence filed and recorded on the Court file;
IT IS HEREBY ORDERED THAT:
1. The Claimant’s claim shall be dismissed.
2. Each party shall bear its own costs.
Nassir Al Nasser
Date of issue: 20 October 2021
1. The Claimant is Lemar, a DIFC registered company that provides beauty and health care services to women and is represented by Ms. Linati, (the “Claimant”).
2. The Defendant isLalima, the Landlord of retail unit 000 (the “Unit”) situated on the DIFC (the “Defendant”).
Background and the Preceding History
3. On 5 August 2021, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking the return of her belongings, furniture and equipment as located within the Unit.
4. On 9 September 2021, the Defendant filed an acknowledgment of service setting out its intention to defend all of the claim.
5. The parties met for a Consultation with SCT Judge Hayley Norton on 1 September 2021 but were unable to reach a settlement.
6. In line with the processes and procedures of the SCT this matter was referred to me for determination pursuant to a Hearing scheduled before me on 15 September 2021. The Claimant and the Defendant’s representative attended the Hearing.
7. The Claimant’s case is that in April 2020 pursuant to the Judgment of H.E. Justice Maha al Mheiri in the case SCT-054-2020 she was ordered to leave the Unit and to pay the Defendant the sum of AED 286,432, plus the Court fee in the sum of AED 14,321.62.
8. Claim SCT-054-2020 is subject to enforcement action under the Enforcement Claim No. ENF-168-2021.
9. The Claimant claims the return of the belongings, furniture and equipment that were left within the Unit during the period of the Claimant’s tenancy. The Claimant also alleges that the value of the belongings, furniture and equipment amounts to the value of AED 220,000.
10. At the hearing, the Defendant submitted that the Claimant’s estimation of the belongings is unrealistic and requested an evaluator be brought in to estimate the value of the items. The Claimant also submitted that she wishes to find her own buyer after the hearing.
11. The Claimant failed to quantify her claim and estimated that the price of the items as listed within the Particulars of Claim amounted to the value of AED 220,000. However, this estimation was provided without any supporting evidence that this is in fact the true value of the items.
12. The Claimant failed to obtain a buyer or provide a valuation estimate of the property by an authorised evaluator within the deadline set by the Courts, being 4 October 2021. On the other hand, the Defendant under this claim and Claim ENF-168-2021 provided an estimation that the value of the items is in the amount of AED 15,130 and the items are subject to enforcement action under Claim ENF-168-2021.
13. In light of the above, I find that the Claimant’s claim has no merit and that the items in dispute are already subject to enforcement action in the claim of ENF-168-2021.
14. Therefore, I shall dismiss the Claimant’s claim and each party shall bear its own costs.