Ahmed Zaki Beydoun v (1) Daman Real Estate Capital Partners Limited (2) Asteco Property Management LLC [2012] DIFC CFI 032 (10 July 2014)

Ahmed Zaki Beydoun v (1) Daman Real Estate Capital Partners Limited (2) Asteco Property Management LLC [2012] DIFC CFI 032 (10 July 2014)

The Assignment Agreement was executed before the SPA existed and thus, under DIFC Contract Law Articles 93(2) and 97, could not operate to assign rights under the SPA. There was no effective transfer of the right to sue to Amlak. The Claimant was not obliged to disclose the Assignment under DIFC disclosure rules, and there was no abuse of process. The application to strike out was refused as the claim was not hopeless and the procedural conduct of Daman precluded such late application.

Citation
[2012] DIFC CFI 032
Parties
Claimant: Ahmed Zaki Beydoun; First Defendant: Daman Real Estate Capital Partners Limited; Second Defendant: Asteco Property Management LLC
Jurisdiction
United Arab Emirates
Judgment Date
10 July 2014
Procedural Posture
Civil / Application to Strike Out Claim After Judgment and Appeal, Prior to Re Opened Appeal
Outcome
Application to strike out refused with costs to the Claimant.
Legal Topics
Assignment of Contract, Abuse of Process, Disclosure Obligations, Islamic Finance (ijara), Strike Out Applications
Contract Law Property Law Civil Procedure Assignment of Contract Abuse of Process Disclosure Obligations Islamic Finance (ijara) Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Ahmed Zaki Beydoun

Claimant

Daman Real Estate Capital Partners Limited

First Defendant

Asteco Property Management LLC

Second Defendant

Procedural Posture

Civil / Application to Strike Out Claim After Judgment and Appeal, Prior to Re Opened Appeal

Legal Issues

  1. 1 Whether the Claimant retained title to sue under the SPA after an Assignment to Amlak Finance
  2. 2 Whether the proceedings constituted an abuse of process due to alleged lack of title to sue
  3. 3 Whether the Claimant was obliged to disclose the Assignment Agreement under DIFC disclosure rules

Ratio Decidendi

The Assignment Agreement was executed before the SPA existed and thus, under DIFC Contract Law Articles 93(2) and 97, could not operate to assign rights under the SPA. There was no effective transfer of the right to sue to Amlak. The Claimant was not obliged to disclose the Assignment under DIFC disclosure rules, and there was no abuse of process. The application to strike out was refused as the claim was not hopeless and the procedural conduct of Daman precluded such late application.

Court Disposition

Application to strike out refused with costs to the Claimant.

Orders

  • Application to strike out is refused.
  • Costs awarded to the Claimant.