VTJ Limited v Mohd Ammar Al Hassan [2017] DIFC CFI 020 (30 May 2018)

VTJ Limited v Mohd Ammar Al Hassan [2017] DIFC CFI 020 (30 May 2018)

Neither party proved the validity or binding nature of the MOUs relied upon. The Claimant failed to prove it made the payments as alleged or that the Defendant was obliged to transfer the Unit. The Defendant failed to prove entitlement to a penalty under MOU 2. Both the Claim and Counterclaim were dismissed for lack of persuasive evidence.

Citation
[2017] DIFC CFI 020
Parties
Claimant: VTJ Limited; Defendant: Mohd Ammar Al Hassan
Jurisdiction
United Arab Emirates
Judgment Date
30 May 2018
Procedural Posture
Civil Contract Dispute / Judgment After Trial at First Instance
Outcome
Claim and Counterclaim dismissed
Legal Topics
Specific Performance, Breach of Contract, Counterclaim, Memorandum of Understanding, Agency, Costs
Contract Law Property Law Specific Performance Breach of Contract Counterclaim Memorandum of Understanding Agency Costs

Case Brief

Summary, issues, holding and outcome

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Parties

VTJ Limited

Claimant

Mohd Ammar Al Hassan

Defendant

Procedural Posture

Civil Contract Dispute / Judgment After Trial at First Instance

Legal Issues

  1. 1 Whether the Memorandum of Understanding (MOU) between the parties is valid and binding
  2. 2 Whether the Claimant is entitled to specific performance or reimbursement of payments allegedly made
  3. 3 Whether the Defendant is entitled to a penalty under MOU 2 for alleged default by the Claimant

Ratio Decidendi

Neither party proved the validity or binding nature of the MOUs relied upon. The Claimant failed to prove it made the payments as alleged or that the Defendant was obliged to transfer the Unit. The Defendant failed to prove entitlement to a penalty under MOU 2. Both the Claim and Counterclaim were dismissed for lack of persuasive evidence.

Court Disposition

Claim and Counterclaim dismissed

Orders

  • The Claimant’s Claim is dismissed.
  • The Defendant’s Counterclaim is dismissed.