Nazir v Nancy [2024] DIFC SCT 037 (14 May 2024)

The applicant failed to demonstrate any real prospect of success on appeal or any error in the lower court's findings of fact; the judge below was fair and gave ample opportunity to prove the claim, but the evidence did not substantiate performance of contract or entitlement to payment.

Citation: [2024] DIFC SCT 037
Parties: Claimant/applicant: Nazir; Defendant/respondent: Nancy
Jurisdiction: United Arab Emirates
Judgment Date: 14 May 2024
Procedural Posture: Application for Permission to Appeal (small Claims Tribunal) / Order on Application for Permission to Appeal
Outcome: Application for permission to appeal refused; extension of time granted; each party to bear own costs.
Legal Topics: Appeals, Extension of Time, Small Claims Tribunal, Burden of Proof

Civil Procedure Appeals Extension of Time Small Claims Tribunal Burden of Proof

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Nazir

Claimant/applicant

Nancy

Defendant/respondent

Procedural Posture

Application for Permission to Appeal (small Claims Tribunal) / Order on Application for Permission to Appeal

Legal Issues

1 Whether extension of time for filing application for permission to appeal should be granted
2 Whether permission to appeal should be granted against dismissal of claim for outstanding invoices

Ratio Decidendi

Court Disposition

Application for permission to appeal refused; extension of time granted; each party to bear own costs.

Orders

Extension of time to make the application for permission to appeal is granted.
Application for permission to appeal is refused.