Orry v Ofelja [2026] DIFC SCT 593 (11 March 2026)

Orry v Ofelja [2026] DIFC SCT 593 (11 March 2026)

Permission to appeal is granted only on the limited ground of whether the SCT erred in failing to consider or explain its treatment of the alleged AED 285,000 payment and its materiality to the overstay rent calculation; all other grounds lack merit. Extension of time is granted only to the extent necessary for this ground. A limited stay of enforcement is granted for monetary orders pending appeal, but not for orders to vacate, pay utilities, or court fees.

Citation
[2026] DIFC SCT 593
Parties
Claimant/respondent: Orry; Defendant/appellant: Ofelja
Jurisdiction
United Arab Emirates
Judgment Date
11 March 2026
Procedural Posture
Tenancy Dispute (small Claims Tribunal Appeal) / Order on Applications for Extension of Time, Permission to Appeal, and Stay of Enforcement
Outcome
Permission to appeal granted on a single limited ground; extension of time granted only for that ground; limited stay of enforcement of monetary orders; all other applications refused.
Legal Topics
Tenancy Expiration, Overstay Rent, Appeal Procedure, Extension of Time, Stay of Enforcement
Landlord and Tenant Civil Procedure Tenancy Expiration Overstay Rent Appeal Procedure Extension of Time Stay of Enforcement

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Parties

Orry

Claimant/respondent

Ofelja

Defendant/appellant

Procedural Posture

Tenancy Dispute (small Claims Tribunal Appeal) / Order on Applications for Extension of Time, Permission to Appeal, and Stay of Enforcement

Legal Issues

  1. 1 Whether the Small Claims Tribunal erred in failing to consider or explain its treatment of an alleged payment of AED 285,000 by the Defendant and whether that payment was material to the calculation of overstay rent
  2. 2 Whether grounds relating to habitability, mould, ventilation, health impacts, dismissal of counterclaim, and procedural irregularity have merit for appeal
  3. 3 Whether an extension of time to appeal should be granted

Ratio Decidendi

Permission to appeal is granted only on the limited ground of whether the SCT erred in failing to consider or explain its treatment of the alleged AED 285,000 payment and its materiality to the overstay rent calculation; all other grounds lack merit. Extension of time is granted only to the extent necessary for this ground. A limited stay of enforcement is granted for monetary orders pending appeal, but not for orders to vacate, pay utilities, or court fees.

Court Disposition

Permission to appeal granted on a single limited ground; extension of time granted only for that ground; limited stay of enforcement of monetary orders; all other applications refused.

Orders

  • Extension of time to appeal granted only for the limited ground concerning the AED 285,000 payment
  • Permission to appeal granted only on the limited ground concerning the AED 285,000 payment