Naathim v (1) Nabeel (2) Nasrullah [2024] DIFC SCT 205 (06 September 2024)

Naathim v (1) Nabeel (2) Nasrullah [2024] DIFC SCT 205 (06 September 2024)

The Claimant failed to provide evidence of payment of AED 75,000 to the Second Defendant or AED 10,000 to the First Defendant. The Second Defendant's email confirmed the contractual mechanism for early termination, entitling it to a penalty of AED 18,750. The claims for refunds are dismissed and the counterclaim for the penalty is allowed.

Citation
[2024] DIFC SCT 205
Parties
Claimant: Naathim; First Defendant: Nabeel; Second Defendant: Nasrullah
Jurisdiction
United Arab Emirates
Judgment Date
06 September 2024
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Outcome
Claim dismissed, counterclaim allowed
Legal Topics
Tenancy Agreement, Breach of Contract, Early Termination, Refund of Rent, Counterclaim
Contract Law Property Law Tenancy Agreement Breach of Contract Early Termination Refund of Rent Counterclaim

Case Brief

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Parties

Naathim

Claimant

Nabeel

First Defendant

Nasrullah

Second Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant paid the rent amount of AED 75,000 to the Second Defendant
  2. 2 Whether the Claimant is entitled to a refund of AED 10,000 from the First Defendant
  3. 3 Whether the Second Defendant is entitled to early termination penalty under the Tenancy Agreement

Ratio Decidendi

The Claimant failed to provide evidence of payment of AED 75,000 to the Second Defendant or AED 10,000 to the First Defendant. The Second Defendant's email confirmed the contractual mechanism for early termination, entitling it to a penalty of AED 18,750. The claims for refunds are dismissed and the counterclaim for the penalty is allowed.

Court Disposition

Claim dismissed, counterclaim allowed

Orders

  • The Claimant’s claims are dismissed.
  • The Claimant shall pay the Second Defendant AED 18,750 as early termination penalty.