Huawei Technologies Co. (Nigeria) Ltd v Expresso Telecom Group Limited [2012] DIFC CFI 031 (20 December 2012)
Immediate judgment granted as defendant admitted the claim and failed to serve or file admission within the required time; request for time to pay rejected.
Source-derived case information.
- Citation
- [2012] DIFC CFI 031
- Parties
- Claimant: HUAWEI TECHNOLOGIES CO. (NIGERIA) LTD; Defendant: EXPRESSO TELECOM GROUP LIMITED
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 20 December 2012
- Procedural Posture
- Civil / Judgment
- Outcome
- Claimant's request for immediate judgment granted; defendant's request for time to pay rejected.
- Legal Topics
- Admission of Claim, Immediate Judgment, Time to Pay, Interest, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
HUAWEI TECHNOLOGIES CO. (NIGERIA) LTD
Claimant
EXPRESSO TELECOM GROUP LIMITED
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether immediate judgment should be granted to the claimant
- 2 Whether the defendant's request for time to pay should be accepted
- 3 Whether the defendant admitted to the claim
Ratio Decidendi
Immediate judgment granted as defendant admitted the claim and failed to serve or file admission within the required time; request for time to pay rejected.
Court Disposition
Claimant's request for immediate judgment granted; defendant's request for time to pay rejected.
Orders
- Defendant to pay claimant US$ 4,038,484
- Defendant to pay claimant's costs
Full Case Text
Judgment text and source record
1 paragraphs
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler Ruler of Dubai IN THE COURT Court OF FIRST INSTANCE BETWEEN HUAWEI TECHNOLOGIES CO. (NIGERIA) LTD Claimant Claimant and EXPRESSO TELECOM GROUP LIMITED Defendant Defendant JUDGMENT OF H. E JUSTICE ALI AL MADHANI Counsel: Simon Roderick of Allen & Overy on behalf of the Claimants Rebecca Kelly of Clyde & Co on behalf of the Defendants. Judgment: 20 December 2012 UPON reviewing the Defendant's request for time to pay, dated 13 November 2012; AND UPON reviewing the Claimant's reply to the Defendant's request for time to pay, dated 22 November 2012; AND UPON the Claimant's request for immediate judgment, dated 29 November 2012; AND UPON IT BEING FOUND THAT: 1. The Defendant admitted to the claim. 2. The Defendant had not served nor filed their P15/01 admission in the time required under RDC 15.8(4). 3. The Claimant rejected the Defendant's request for time to pay. IT IS HEREBY ORDERED THAT: 1. The Claimant's request for immediate Judgment be granted. 2. The Defendant's request for time to pay be rejected. 3. The Defendant pay to the Claimant the full amount of US$ 4,038,484. 4. The Defendant pay the Claimant's costs of and occasioned by these proceedings. 5. The Defendant pay the Claimant interest accrued at the rate of 1.5% per annum: a) on the amount US$ 807,696.80, from 1 October 2011; b) on the amount US$ 1,211,545.20 from 1 November 2011; and c) on the amount US$ 2,019,242, from 1 January 2012; until the date of payment. 6. Payment to be made within 14 days. Issued by Registrar Registrar Mark Beer Date of Issue: 20 December 2012 At: 2 pm BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII