Takuya Honda v (1) Shingo Okamoto (2) Muhammad Wasiq Rashid [2025] DIFC CFI 008 (27 May 2025)

Takuya Honda v (1) Shingo Okamoto (2) Muhammad Wasiq Rashid [2025] DIFC CFI 008 (27 May 2025)

The first defendant's applications to set aside the default judgment are granted due to realistic prospects of success on factual issues. The second defendant's applications are granted only upon payment into court of the judgment sums, as his defence is weak and there are apparent admissions of liability. Costs of the applications are to be borne by the defendants.

Citation
[2025] DIFC CFI 008
Parties
Claimant: Takuya Honda; First Defendant: Shingo Okamoto; Second Defendant: Muhammad Wasiq Rashid
Jurisdiction
United Arab Emirates
Judgment Date
27 May 2025
Procedural Posture
Civil / Interlocutory Application to Set Aside Default Judgment
Outcome
Applications to set aside default judgment granted for both defendants, with conditions for the second defendant.
Legal Topics
Default Judgment, Setting Aside Judgment, Assessment of Damages, Investment Agreement, Set Off, Costs
Contract Law Civil Procedure Default Judgment Setting Aside Judgment Assessment of Damages Investment Agreement Set Off Costs

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Parties

Takuya Honda

Claimant

Shingo Okamoto

First Defendant

Muhammad Wasiq Rashid

Second Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside for each defendant
  2. 2 Whether the defendants have realistic prospects of defending the claim
  3. 3 Whether payment into court should be required as a condition for setting aside judgment against the second defendant

Ratio Decidendi

The first defendant's applications to set aside the default judgment are granted due to realistic prospects of success on factual issues. The second defendant's applications are granted only upon payment into court of the judgment sums, as his defence is weak and there are apparent admissions of liability. Costs of the applications are to be borne by the defendants.

Court Disposition

Applications to set aside default judgment granted for both defendants, with conditions for the second defendant.

Orders

  • First defendant's applications to set aside default judgment granted; defence to be served within 14 days.
  • Second defendant's applications granted conditionally; must pay USD 1,092,425.51 and USD 57,106.28 into court within 28 days or claimant may execute default judgment; if paid, defence to be served within 14 days thereafter.