Cayan Assets Investments LLC v (1) EFS Facilities Management Limited (2) Lane Investments and Holdings INC (3) Tarek Tabari (4) Omer Khan [2025] DIFC CFI 082 (08 September 2025)

Cayan Assets Investments LLC v (1) EFS Facilities Management Limited (2) Lane Investments and Holdings INC (3) Tarek Tabari (4) Omer Khan [2025] DIFC CFI 082 (08 September 2025)

There is a good arguable case that Lane Investments and Holdings INC received shares in EFS Facilities Management Limited from Walnutt International Limited or Bancanada Limited to which Cayan Assets Investments LLC was beneficially entitled, and factual issues require full disclosure. The claims for proprietary remedies and unlawful means conspiracy have realistic prospects of success and are not liable to be struck out or subject to immediate judgment. Both applications by Lane are dismissed.

Citation
[2025] DIFC CFI 082
Parties
Claimant: Cayan Assets Investments LLC; First Defendant: EFS Facilities Management Limited; Second Defendant: Lane Investments and Holdings INC; Third Defendant: Tarek Tabari; Fourth Defendant: Omer Khan
Jurisdiction
United Arab Emirates
Judgment Date
08 September 2025
Procedural Posture
Civil / Interlocutory Application Disposition
Outcome
Both applications by Lane Investments and Holdings INC are dismissed.
Legal Topics
Beneficial Ownership, Stop Notice, Strike Out Application, Immediate Judgment, Unlawful Means Conspiracy, Constructive Trust, Knowing Receipt, Dishonest Assistance, Tracing, Equitable Compensation, Damages
Equity Company Law Civil Procedure Beneficial Ownership Stop Notice Strike Out Application Immediate Judgment Unlawful Means Conspiracy +6 more

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Parties

Cayan Assets Investments LLC

Claimant

EFS Facilities Management Limited

First Defendant

Lane Investments and Holdings INC

Second Defendant

Tarek Tabari

Third Defendant

Omer Khan

Fourth Defendant

Procedural Posture

Civil / Interlocutory Application Disposition

Legal Issues

  1. 1 Whether Lane Investments and Holdings INC received shares in EFS Facilities Management Limited from Walnutt International Limited or Bancanada Limited to which Cayan Assets Investments LLC was beneficially entitled
  2. 2 Whether Cayan Assets Investments LLC has a beneficial interest in those shares
  3. 3 Whether claims for proprietary remedies, tracing, knowing receipt, dishonest assistance, equitable compensation and damages can succeed

Ratio Decidendi

There is a good arguable case that Lane Investments and Holdings INC received shares in EFS Facilities Management Limited from Walnutt International Limited or Bancanada Limited to which Cayan Assets Investments LLC was beneficially entitled, and factual issues require full disclosure. The claims for proprietary remedies and unlawful means conspiracy have realistic prospects of success and are not liable to be struck out or subject to immediate judgment. Both applications by Lane are dismissed.

Court Disposition

Both applications by Lane Investments and Holdings INC are dismissed.

Orders

  • The Discharge Application is dismissed.
  • The Strike Out Application is dismissed.