FEDERAL PROPERTIES LIMITED - SOLE PROPRIETORSHIP LLC (aka FEDERAL PROPERTIES LIMITED) v IBRAHIM & Ors [2025] ADGMCFI 0020 (25 August 2025)
Permission to appeal is refused because there is no real prospect of success on any ground advanced by Federal, nor any compelling reason to grant permission. The trial was procedurally fair, the law was correctly applied regarding indefeasibility and equitable obligations, and no exceptional circumstances justify a stay beyond a limited period for further application to the Court of Appeal.
- Citation
- [2025] ADGMCFI 0020
- Parties
- Claimant/counterdefendant: Federal Properties Limited - Sole Proprietorship LLC (also known as Federal Properties Limited); Defendant/first Counterclaimant: Rawafid H Jazairi Ibrahim; Second Counterclaimant: Ausama Ahmed Ibrahim; Second Counterdefendant: Department of Municipalities and Transport - Abu Dhabi (DMT); Defendant/counterclaimant: Amir Sadik Ali Al Samarraie; Defendant/counterclaimant: Zaid Auisama Ibrahim
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 25 August 2025
- Procedural Posture
- Commercial and Civil / Application for Permission to Appeal and Stay of Execution Post Judgment
- Outcome
- Permission to appeal refused; limited stay of execution granted; costs awarded to Unit Owners.
- Legal Topics
- Indefeasibility of Title, Equitable Obligations, Appeal Permission, Stay of Execution, Costs Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Federal Properties Limited - Sole Proprietorship LLC (also known as Federal Properties Limited)
Claimant/counterdefendant
Rawafid H Jazairi Ibrahim
Defendant/first Counterclaimant
Ausama Ahmed Ibrahim
Second Counterclaimant
Department of Municipalities and Transport - Abu Dhabi (DMT)
Second Counterdefendant
Amir Sadik Ali Al Samarraie
Defendant/counterclaimant
Zaid Auisama Ibrahim
Defendant/counterclaimant
Procedural Posture
Commercial and Civil / Application for Permission to Appeal and Stay of Execution Post Judgment
Legal Issues
- 1 Whether permission to appeal should be granted under ADGM Court Procedure Rules 2016 rule 208(4)
- 2 Whether there was procedural unfairness or evidentiary imbalance in the trial
- 3 Whether the judge misapplied legal principles regarding indefeasibility and equitable obligations under the ADGM Real Property Regulations 2024
Ratio Decidendi
Permission to appeal is refused because there is no real prospect of success on any ground advanced by Federal, nor any compelling reason to grant permission. The trial was procedurally fair, the law was correctly applied regarding indefeasibility and equitable obligations, and no exceptional circumstances justify a stay beyond a limited period for further application to the Court of Appeal.
Court Disposition
Permission to appeal refused; limited stay of execution granted; costs awarded to Unit Owners.
Orders
- Permission to Appeal Application dismissed in all three cases.
- Stay of execution of paragraphs 4 to 7 of the July 2025 Order for 7 days to allow application to Court of Appeal; stay continues if application made, otherwise lifts after 7 days.
Full Case Text
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