Dalmatia v Daiki [2013] DIFC SCT 034 (11 August 2013)

Dalmatia v Daiki [2013] DIFC SCT 034 (11 August 2013)

The Defendant was obliged to pay the security deposit of AED 7,500 to the Claimant as per the Tenancy Contract and prevailing custom; there was no contractual or legal basis for requiring payment of DEWA bills or DIFC registration fees beyond what was ordered.

Citation
[2013] DIFC SCT 034
Parties
Claimant: Dalmatia; Defendant: Daiki
Jurisdiction
United Arab Emirates
Judgment Date
11 August 2013
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim partly allowed
Legal Topics
Tenancy Deposit, Contractual Obligations, Evidence, Court Fees
Contract Law Landlord and Tenant Tenancy Deposit Contractual Obligations Evidence Court Fees

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Parties

Dalmatia

Claimant

Daiki

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Defendant is contractually obliged to pay the security deposit to the Claimant
  2. 2 Whether the Defendant is liable for DEWA bills and DIFC registration fees

Ratio Decidendi

The Defendant was obliged to pay the security deposit of AED 7,500 to the Claimant as per the Tenancy Contract and prevailing custom; there was no contractual or legal basis for requiring payment of DEWA bills or DIFC registration fees beyond what was ordered.

Court Disposition

Claim partly allowed

Orders

  • The Defendant shall pay the Claimant the sum of AED 7,500.
  • The Defendant shall pay the Claimant the court fees in relation to this claim.