Mab Consult Fzc v Mabel Contracting Co Llc [2020] DIFC SCT 395 (14 January 2021)

Mab Consult Fzc v Mabel Contracting Co Llc [2020] DIFC SCT 395 (14 January 2021)

The claim is dismissed as it constitutes a second attempt to litigate a matter already finally adjudicated between the same parties and on the same cause of action, and is therefore barred by res judicata.

Source-derived case information.

Citation
[2020] DIFC SCT 395
Parties
Claimant: Mab Consult FZC; Defendant: Mabel Contracting Co LLC
Jurisdiction
United Arab Emirates
Judgment Date
14 January 2021
Procedural Posture
Civil Small Claims Tribunal / Judgment After Consultation and Review of Prior Proceedings
Outcome
Claim dismissed
Legal Topics
Res Judicata, Jurisdiction, Default Judgment, Professional Services Agreement
Civil Procedure Res Judicata Jurisdiction Default Judgment Professional Services Agreement

Source-derived case record

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Parties

Mab Consult FZC

Claimant

Mabel Contracting Co LLC

Defendant

Procedural Posture

Civil Small Claims Tribunal / Judgment After Consultation and Review of Prior Proceedings

Legal Issues

  1. 1 Whether the claim is barred by res judicata due to a prior final judgment on the same cause of action between the same parties
  2. 2 Whether the parties and cause of action in the current claim are identical to those in the 2017 claim

Ratio Decidendi

The claim is dismissed as it constitutes a second attempt to litigate a matter already finally adjudicated between the same parties and on the same cause of action, and is therefore barred by res judicata.

Court Disposition

Claim dismissed

Orders

  • This Claim be dismissed.
  • The Claimant is at liberty to apply for permission of the Court to set aside the Default Order and reinstate the 2017 Claim.