Lekisha v Lelima Technical Contracting LLC [2021] DIFC SCT 039 (16 March 2021)

Claim No: SCT 039/2021

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE SMALL CLAIMS TRIBUNAL

BETWEEN

LEKISHA

Claimant

and

LELIMA TECHNICAL CONTRACTING LLC

Defendant


JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER


UPONthis claim having been called for a hearing before H.E. Justice Nassir Al Nasser on 15 March 2021

AND UPONthe Claimant’s representative attending the hearing and the Defendant failing to appear although served notice of the claim

AND UPONreviewing the Defendant’s email submissions dated 21 and 23 February 2021

IT IS HEREBY ORDERED THAT:

1. The Defendant shall pay the Claimant the sum ofAED 21,589.69.

2. The Defendant shall pay the Claimant the DIFC Courts filing fee in the amount ofAED 1,079.48.

Issued by:
Nassir Al Nasser
SCT Judge and Registrar
Date of Issue: 16 March 2021
At: 8am

The Parties

1. The Claimant is Lakisha a company registered in Abu Dhabi, UAE (the “Claimant”)

2. The Defendant is Lelima Technical Contracting LLC a company registered in Ajman, UAE (the “Defendant”).

Discussion

3. On 11 February 2021, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking the sum of AED 21,589.69 allegedly owed to the Claimant by the Defendant in relation to a Hire Agreement entered into by the parties dated 20 November 2018. In addition, the Claimant is also seeking recovery of the court fees paid for filing this claim in the sum of AED 1,079.48.

4. Upon review of the Court file, I note that the Defendant failed to file an Acknowledgement of Service to respond to this claim however, the Defendant submitted emails to the Registry dated 21 and 23 February 2021confirming its intention to satisfy payment of this claim and to make payment of the court filing fee by way of postdated cheques (the “Defendant’s Correspondence).

As stated above at paragraph 2, I am satisfied that the Defendant has accepted liability for this claim pursuant to its admission set out within the Defendant’s Correspondence and therefore, I find that the Defendant shall pay the Claimant the sum of AED 21,589.69 and the court fees in the sum of AED 1,079.48.