Mahina v Mahesa [2022] DIFC SCT 018 (16 February 2022)

Mahina v Mahesa [2022] DIFC SCT 018 (16 February 2022)

The claimant performed its contractual obligations and the defendant failed to provide a snagging list within the contractual period; the outstanding amount is due under the agreement and the adjustment factor was applied with the defendant's knowledge and acceptance.

Source-derived case information.

Citation
[2022] DIFC SCT 018
Parties
Claimant: Mahina; Defendant: Mahesa
Jurisdiction
United Arab Emirates
Judgment Date
16 February 2022
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Breach of Contract, Payment Dispute, Variation of Contract, Jurisdiction, Snagging and Defects
Contract Law Construction Law Breach of Contract Payment Dispute Variation of Contract Jurisdiction Snagging and Defects

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mahina

Claimant

Mahesa

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the defendant is liable to pay the outstanding amount under the renovation agreement
  2. 2 Whether the adjustment factor was correctly applied
  3. 3 Whether the works were completed as per the agreement

Ratio Decidendi

The claimant performed its contractual obligations and the defendant failed to provide a snagging list within the contractual period; the outstanding amount is due under the agreement and the adjustment factor was applied with the defendant's knowledge and acceptance.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay claimant AED 22,805.40
  • Defendant to pay claimant AED 1,240.27 as filing fee