Sandra Holding Ltd (2) Nuri Musaed Al Saleh v Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi [2025] DIFC CFI 092 (05 March 2025)

Sandra Holding Ltd (2) Nuri Musaed Al Saleh v Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi [2025] DIFC CFI 092 (05 March 2025)

The applicants/defendants have shown a prima facie case of loss and expense resulting from the WFO and related enforcement actions. The court's discretion should be exercised to order an inquiry into damages, as there is sufficient evidence of potential loss and no reason to refuse the inquiry at this stage.

Source-derived case information.

Citation
[2025] DIFC CFI 092
Parties
Respondent/claimant: Sandra Holding Ltd; Respondent/claimant: Nuri Musaed Al Saleh; Applicant/defendant: Fawzi Musaed Al Saleh; Applicant/defendant: Ahmed Fawzi Al Saleh; Applicant/defendant: Yasmine Fawzi Al Saleh; Applicant/defendant: Farah El Merabi
Jurisdiction
United Arab Emirates
Judgment Date
05 March 2025
Procedural Posture
Civil / Post Appeal, Inquiry Into Damages Following Setting Aside of Freezing Order
Outcome
Inquiry into damages ordered
Legal Topics
Worldwide Freezing Order, Cross Undertaking in Damages, Jurisdiction, Damages Inquiry
Civil Procedure Injunctive Relief Worldwide Freezing Order Cross Undertaking in Damages Jurisdiction Damages Inquiry

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Parties

Sandra Holding Ltd

Respondent/claimant

Nuri Musaed Al Saleh

Respondent/claimant

Fawzi Musaed Al Saleh

Applicant/defendant

Ahmed Fawzi Al Saleh

Applicant/defendant

Yasmine Fawzi Al Saleh

Applicant/defendant

Farah El Merabi

Applicant/defendant

Procedural Posture

Civil / Post Appeal, Inquiry Into Damages Following Setting Aside of Freezing Order

Legal Issues

  1. 1 Whether an inquiry into damages should be ordered following the setting aside of a worldwide freezing order for lack of jurisdiction
  2. 2 Whether the applicants/defendants have shown a prima facie case of loss caused by the freezing order

Ratio Decidendi

The applicants/defendants have shown a prima facie case of loss and expense resulting from the WFO and related enforcement actions. The court's discretion should be exercised to order an inquiry into damages, as there is sufficient evidence of potential loss and no reason to refuse the inquiry at this stage.

Court Disposition

Inquiry into damages ordered

Orders

  • Inquiry into damages sustained by the defendants as a result of the WFOs is ordered.
  • Applicants/defendants to file detailed claim and evidence by 4pm on 26 March 2025.