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.