Mikra v Mowat [2023] DIFC CT 087 (21 June 2023)

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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> Mikra v Mowat [2023] DIFC CT 087 (21 June 2023)
URL: http://www.bailii.org/ae/cases/DIFC/2023/DCT_087.html
Cite as: [2023] DIFC CT 087, [2023] DIFC CT 87

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Mikra v Mowat [2023] DIFC SCT 087

June 21, 2023 SCT - JUDGMENTS AND ORDERS

Claim No: SCT 087/2023

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS

BETWEEN

MIKRA

Claimant

and

MOWAT

Defendant


ORDER WITH REASONS OF H.E. JUSTICE MAHA AL MHEIRI


UPON this Claim having been called on 11 May 2023 for a Hearing before H.E. Justice Maha Al Mheiri, with the Claimant’s and the Defendant’s representatives in attendance

AND PURSUANT TORule 4.12 of the Rules of the DIFC Courts

IT IS HEREBY ORDERED THAT:

1. The Claimant’s name in this Claim shall be amended to “MIKRA”.

2. The Defendant’s name in this Claim shall be amended to “MOWAT”.

3. The case title shall be amended to reflect the parties’ names as set out in paragraphs 1 and 2 above.

Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date: 21 June 2023
At: 4pm

SCHEDULE OF REASONS

1. This Claim relates to a broker dispute between Mikra and Mowat. MikraDevelopers contracted Mowat to act as a real estate broker for the projects that it was developing in exchange for agreed commission in accordance with the terms set out in a Broker Agreement.

2. In review of the Claim Form dated 23 February 2023 and the documents filed in support of it, it appears that the Claimant, upon the filing the Claim Form, erroneously misnamed both the Claimant and the Defendant as neither of the names are accurately reflected within the Broker Agreement.

3. The SCT’s practice in these circumstances is for the judge presiding over the Hearing to discover an error of incorrectly named parties and recommend that the parties be correctly identified going forward. I have determined that this order be made of my own initiative.

4. Therefore, it is hereby ordered that the Claimant’s and Defendant’s names be amended to reflect the names of the contracting parties as stated in the Broker Agreement.


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URL: http://www.bailii.org/ae/cases/DIFC/2023/DCT_087.html