CFI 026/2009 - Order
CFI 026/2009 - Order
March 31, 2011  court of first instance - Orders,Orders
Claim No. CFI 026/2009
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE
COURT
OF FIRST INSTANCE
Between
MR RAFED ABDEL MOHSEN BADER AL KHORAFI
MRS AMRAH ALI ABDEL LATIF AL HAMAD
MRS ALIA MOHAMED SULAIMAN AL RIFAI
First
Claimant
Second Claimant
Third Claimant
and
BANK SARASIN-ALPEN (ME) LIMITED (BSA)
BANK SARASIN & CO LIMITED (BSC)
First
Defendant
Second Defendant
ORDER
UPON
hearing the Counsel for the Claimants and Counsel for the Second Defendant in respect of the Second Defendant's Application No 054/2010
IT IS DECLARED THAT
:
This
Court
has no jurisdiction to try this Claim against the Second Defendant on the basis of the Particulars of Claim dated 10 December 2009.
AND IT IS ORDERED THAT
:
1. The Claimants' Claim against the Second Defendant is dismissed for want of jurisdiction and the Claim Form dated 7 October 2009 is
set aside
as against the Second Defendant.
2.
Service
of the Proceedings on the Second Defendant is set aside.
3. The Claimants do pay the Second Defendant's costs of and thrown away by this application, to be the subject of detailed assessment if not agreed, such liability to be joint and several.
4. This Order is made without prejudice to the Claimants' ability to commence fresh proceedings against the Second Defendant in respect of matters falling within the jurisdiction of this Court.
Issued By
Mark Beer
Registrar
Date of Issue: 31 March 2011
At: 12pm