(1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh v (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi [2023] DIFC CFI 092 (16 January 2023)

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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> (1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh v (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi [2023] DIFC CFI 092 (16 January 2023)
URL: http://www.bailii.org/ae/cases/DIFC/2023/DCFI_092.html
Cite as: [2023] DIFC CFI 092, [2023] DIFC CFI 92

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CFI 092/2021 (1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh v (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi

January 16, 2023 COURT OF FIRST INSTANCE - ORDERS

Claim No: CFI 092/2021

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) SANDRA HOLDING LTD
(2) NURI MUSAED AL SALEH

Claimants

and

(1) FAWZI MUSAED AL SALEH
(2) AHMED FAWZI AL SALEH
(3) YASMINE FAWZI AL SALEH
(4) FARAH EL MERABI

Defendants


ORDER WITH REASONS OF JUSTICE SIR JEREMY COOKE


UPON the Order of Justice Sir Jeremy Cooke dated 25 November 2022 (the “Order”)

AND UPON the Defendants filing an Appeal Notice dated 16 December 2022 setting out its further application for permission to appeal (the “Further Application for Permission to Appeal”) and request for the Order to be stayed pending consideration of the appeal (the “Request for a Stay”)

AND UPON reviewing the Claimants’ evidence in answer to the Request for a Stay dated 11 January 2023

AND UPON reviewing the Defendants’ evidence in reply to the Request for a Stay dated 12 January 2023

IT IS HEREBY ORDER THATthe Request for a Stay is refused.

Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 16 January 2023
At: 1pm

SCHEDULE OF REASONS

1. The Court of First Instance refused permission to appeal, should it be necessary. The Request for a Stay is refused for that reason.

2. When the Court of Appeal considers the Further Application for Permission to Appeal, it should also consider, if permission is granted or is found to be unnecessary, whether or not there should be a stay.

3. As the original Court of First Instance order has not been obeyed and the contempt remains unpurged and the fines imposed have not been paid either, the only purpose to be served by a stay would be the suspension of the reference to the Attorney General who is unlikely to take any active steps until the appeal process is concluded in any event.


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URL: http://www.bailii.org/ae/cases/DIFC/2023/DCFI_092.html