Imirtu v Mrawin [2023] DIFC SCT 071 (03 April 2023)

Imirtu v Mrawin [2023] DIFC SCT 071 (03 April 2023)

The Defendant failed to provide evidence of non-performance; therefore, under Clause 3.1, the Defendant is liable to pay the Claimant the two-months’ notice sum.

Source-derived case information.

Citation
[2023] DIFC SCT 071
Parties
Claimant: Mirtu; Defendant: Mrawin
Jurisdiction
United Arab Emirates
Judgment Date
03 April 2023
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Outcome
Claim allowed
Legal Topics
Breach of Contract, Termination Notice, Non Performance, Damages
Contract Law Breach of Contract Termination Notice Non Performance Damages

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Parties

Mirtu

Claimant

Mrawin

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant breached the Agreement by failing to pay the two-months' notice period as per Clause 3.1
  2. 2 Whether the Defendant is liable to pay the Claimant for the notice period despite alleging non-performance

Ratio Decidendi

The Defendant failed to provide evidence of non-performance; therefore, under Clause 3.1, the Defendant is liable to pay the Claimant the two-months’ notice sum.

Court Disposition

Claim allowed

Orders

  • The Defendant shall pay the Claimant AED 21,000 inclusive of 5% VAT.
  • The Defendant shall pay the Claimant the Court fees in the sum of AED 1,050.