Zuzana Kapova v (1) Miloslav Makovini (2) Pharm Trade Holding Ltd [2023] DIFC CFI 004 (10 March 2023)

Zuzana Kapova v (1) Miloslav Makovini (2) Pharm Trade Holding Ltd [2023] DIFC CFI 004 (10 March 2023)

The Court granted the Defendants’ Application, finding that the First Defendant, as a litigant in person, made an error due to lack of legal representation, and the request was made early in proceedings without prejudice to the parties.

Citation
[2023] DIFC CFI 004
Parties
Claimant: Zuzana Kapova; First Defendant: Miloslav Makovini; Second Defendant: Pharm Trade Holding Ltd
Jurisdiction
United Arab Emirates
Judgment Date
10 March 2023
Procedural Posture
Civil / Interlocutory Application (withdrawal of Acknowledgment of Service, Stay, Jurisdiction Challenge)
Outcome
Defendants’ Application granted
Legal Topics
Acknowledgment of Service, Jurisdiction Challenge, Litigant in Person, Legal Representation
Civil Procedure Acknowledgment of Service Jurisdiction Challenge Litigant in Person Legal Representation

Case Brief

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Parties

Zuzana Kapova

Claimant

Miloslav Makovini

First Defendant

Pharm Trade Holding Ltd

Second Defendant

Procedural Posture

Civil / Interlocutory Application (withdrawal of Acknowledgment of Service, Stay, Jurisdiction Challenge)

Legal Issues

  1. 1 Whether the Defendants should be permitted to withdraw the Acknowledgment of Service
  2. 2 Whether the Defendants may challenge the jurisdiction of the DIFC Courts

Ratio Decidendi

The Court granted the Defendants’ Application, finding that the First Defendant, as a litigant in person, made an error due to lack of legal representation, and the request was made early in proceedings without prejudice to the parties.

Court Disposition

Defendants’ Application granted

Orders

  • Defendants to file and serve an Application Notice challenging jurisdiction by 17 March 2023
  • Claimant to file evidence in answer within 14 days after service of Jurisdiction Application