Nyoka v Nunzio [2024] DIFC SCT 098 (29 July 2024)

Nyoka v Nunzio [2024] DIFC SCT 098 (29 July 2024)

Termination was lawful under contract, but Defendant must pay Claimant for works completed as nothing precludes payment; Defendant entitled to compensation for certain third-party contractor works post-termination; delay penalties, rent, and loss of profit counterclaims rejected as not contractually justified.

Citation
[2024] DIFC SCT 098
Parties
Claimant/defendant in Counterclaim: Nyoka; Defendant/claimant in Counterclaim: Nunzio
Jurisdiction
United Arab Emirates
Judgment Date
29 July 2024
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Claim partly allowed, counterclaim partly allowed, other counterclaims dismissed.
Legal Topics
Breach of Contract, Delay in Performance, Termination of Contract, Counterclaim, Third Party Contractor Liability, Damages, Court Fees
Contract Law Construction Law Breach of Contract Delay in Performance Termination of Contract Counterclaim Third Party Contractor Liability Damages +1 more

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Parties

Nyoka

Claimant/defendant in Counterclaim

Nunzio

Defendant/claimant in Counterclaim

Procedural Posture

Small Claims Tribunal / Final Judgment

Legal Issues

  1. 1 Was the termination of the Fit-Out Agreement lawful?
  2. 2 Is the Claimant entitled to payment for works completed?
  3. 3 Is the Defendant entitled to compensation for third-party contractor costs?

Ratio Decidendi

Termination was lawful under contract, but Defendant must pay Claimant for works completed as nothing precludes payment; Defendant entitled to compensation for certain third-party contractor works post-termination; delay penalties, rent, and loss of profit counterclaims rejected as not contractually justified.

Court Disposition

Claim partly allowed, counterclaim partly allowed, other counterclaims dismissed.

Orders

  • Defendant to pay Claimant AED 486,952.77 for works completed.
  • Claimant to pay Defendant AED 306,661 for third-party contractor works.