Al Ahmar v Radwan [2024] ADGMCFI 0011 (29 July 2024)

Al Ahmar v Radwan [2024] ADGMCFI 0011 (29 July 2024)

Mesab Limited breached the SPA by failing to deliver the Unit within the extended contractual and force majeure periods; Covid pandemic constituted a delay event but not sole cause; Claimants entitled to compensation for loss of rental opportunity, increased bank interest, loss of investment earnings, and moral damages; exemption clauses and disclaimer do not bar claims for delay or defects; monetary claims succeed in part; Mesab's counterclaim for connection fees partially succeeds; rectification of defects ordered.

Citation
[2024] ADGMCFI 0011
Parties
First Claimant: Sohir Hussein Al Ahmar; Second Claimant: Radwan Anas Radwan; First Defendant: Mesab Limited; Second Defendant: Mesab Limited (Local Branch Company)
Jurisdiction
United Arab Emirates
Judgment Date
29 July 2024
Procedural Posture
Commercial and Civil / Final Judgment After Trial
Outcome
Claimants' claims partially allowed; Defendants' counterclaim partially allowed; net balance awarded to Claimants.
Legal Topics
Breach of Contract, Damages for Delay, Force Majeure, Construction Defects, Compensation, Jurisdiction
Contract Law Property Law Civil Procedure Breach of Contract Damages for Delay Force Majeure Construction Defects Compensation +1 more

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Sohir Hussein Al Ahmar

First Claimant

Radwan Anas Radwan

Second Claimant

Mesab Limited

First Defendant

Mesab Limited (Local Branch Company)

Second Defendant

Procedural Posture

Commercial and Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mesab Limited breached the Sale and Purchase Agreement by delayed delivery of the Unit
  2. 2 Whether force majeure (Covid pandemic) excuses delay
  3. 3 Entitlement to damages for delay, defects, and moral harm

Ratio Decidendi

Mesab Limited breached the SPA by failing to deliver the Unit within the extended contractual and force majeure periods; Covid pandemic constituted a delay event but not sole cause; Claimants entitled to compensation for loss of rental opportunity, increased bank interest, loss of investment earnings, and moral damages; exemption clauses and disclaimer do not bar claims for delay or defects; monetary claims succeed in part; Mesab's counterclaim for connection fees partially succeeds; rectification of defects ordered.

Court Disposition

Claimants' claims partially allowed; Defendants' counterclaim partially allowed; net balance awarded to Claimants.

Orders

  • Judgment for Claimants in sum of AED 346,800 for contractual damages.
  • Judgment for Defendants in sum of AED 50,498 for counterclaim.