Commercial Bank of Dubai PSC & Ors v Abdalla Juma Majid Al Sari & Ors

Commercial Bank of Dubai PSC & Ors v Abdalla Juma Majid Al Sari & Ors

Service of the Listing Order by alternative means was invalid for committal proceedings, but the appellants had actual notice, would not have been prejudiced, and the court would have dispensed with service if the point had been taken below. The findings of contempt and the sentences imposed were justified and proportionate. The appeal was dismissed.

Parties
Respondent/claimant: Commercial Bank of Dubai PSC; Respondent/claimant: Hortin Holdings Limited; Respondent/claimant: Westdene Investment Limited; Respondent/claimant: Lodge Hill Limited; Respondent/claimant: VS 1897 (Cayman) Limited; Appellant/defendant: Abdalla Juma Majid Al Sari; Appellant/defendant: Majid Abdalla Juma Al Sari; Appellant/defendant: Mohamed Abdalla Juma Al Sari; Defendant: FAL Oil Co LLC; Defendant: Investment Group Private Limited; Defendant: IGPL General Trading LLC; Defendant: Globe Investment Holdings Limited; Defendant: MENA Investment Holdings Limited; Defendant: MAS Capital Holdings Limited; Defendant: Hamad Saif Hamad Abdalla Almheiri
Jurisdiction
England and Wales
Judgment Date
13 June 2024
Procedural Posture
Civil Appeal (contempt of Court) / Appeal From High Court (committal for Contempt and Sentence)
Outcome
Appeal dismissed
Legal Topics
Service of Process, Worldwide Freezing Orders, Disclosure Obligations, Committal Proceedings, Procedural Fairness
Civil Procedure Contempt of Court Enforcement of Judgments Service of Process Worldwide Freezing Orders Disclosure Obligations Committal Proceedings Procedural Fairness

Case Brief

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Parties

Commercial Bank of Dubai PSC

Respondent/claimant

Hortin Holdings Limited

Respondent/claimant

Westdene Investment Limited

Respondent/claimant

Lodge Hill Limited

Respondent/claimant

VS 1897 (Cayman) Limited

Respondent/claimant

Abdalla Juma Majid Al Sari

Appellant/defendant

Majid Abdalla Juma Al Sari

Appellant/defendant

Mohamed Abdalla Juma Al Sari

Appellant/defendant

FAL Oil Co LLC

Defendant

Investment Group Private Limited

Defendant

IGPL General Trading LLC

Defendant

Globe Investment Holdings Limited

Defendant

MENA Investment Holdings Limited

Defendant

MAS Capital Holdings Limited

Defendant

Hamad Saif Hamad Abdalla Almheiri

Defendant

Procedural Posture

Civil Appeal (contempt of Court) / Appeal From High Court (committal for Contempt and Sentence)

Legal Issues

  1. 1 Whether service of the Listing Order by alternative means was valid in contempt proceedings
  2. 2 Whether the findings of contempt and sentence should be set aside due to alleged procedural irregularity
  3. 3 Whether the sentence imposed was appropriate

Ratio Decidendi

Service of the Listing Order by alternative means was invalid for committal proceedings, but the appellants had actual notice, would not have been prejudiced, and the court would have dispensed with service if the point had been taken below. The findings of contempt and the sentences imposed were justified and proportionate. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Findings of contempt and sentences of 24 months' imprisonment for each appellant upheld
  • No relief granted to appellants