Galia v Gabor Ltd [2015] DIFC SCT 206 (11 January 2016)

Galia v Gabor Ltd [2015] DIFC SCT 206 (11 January 2016)

The claimant was not properly incorporated as a shareholder and did not receive legally valid documentation; therefore, the defendant must refund the amount paid by the claimant.

Citation
[2015] DIFC SCT 206
Parties
Claimant: GALIA; Defendant: GABOR LTD
Jurisdiction
United Arab Emirates
Judgment Date
11 January 2016
Procedural Posture
Small Claims Tribunal / Judgment After Hearing Claimant Only; Defendant Absent
Outcome
Claim allowed
Legal Topics
Shareholder Agreements, Refund of Investment, Shareholder Incorporation Status
Contract Law Company Law Shareholder Agreements Refund of Investment Shareholder Incorporation Status

Case Brief

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Parties

GALIA

Claimant

GABOR LTD

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing Claimant Only; Defendant Absent

Legal Issues

  1. 1 Whether the claimant is entitled to a refund of the amount paid under the shareholder agreement
  2. 2 Whether the claimant was properly incorporated as a shareholder

Ratio Decidendi

The claimant was not properly incorporated as a shareholder and did not receive legally valid documentation; therefore, the defendant must refund the amount paid by the claimant.

Court Disposition

Claim allowed

Orders

  • Defendant to pay claimant AED 349,125
  • Defendant to pay claimant court fee of AED 17,456.25