Eshraq Investment v Shehab Gargash and Others

Maria Mulla  succeeds in defending all claims on behalf her clients Shehab Gargash, Daman Investments PSC, and Daman Real Estate Capital Partners Limited against claims advanced by Eshraq Investments PJSC with a combined value of 6,284.002.98 AED.

Daman RECAP also succeeded on their counterclaim of 3,575,148.06 AED.

Eshraq alleged that the Defendants had breached 58 Sale and Purchase Agreements in respect of the sale of 58 residential units in the Burj Daman, DIFC.

Justice Michael Black stated that Eshraq’s claims were without foundation. During the evidence he described their conduct as ‘deplorable’.

The judgment again highlights the problem that exists when a Claimant is unable to advance a claim for malicious prosecution and defamation in the DIFC as per The Industrial Group Limited v Abdelazim El Shikh EL Fadil Hamid [2022] DIFC CA 005 and CA 002.

In this case the Defendants had advanced counterclaims for damage to their commercial and professional reputation.

These claims were originally intimated by Eshraq in the Dubai Courts. The Defendants also counterclaimed in the Dubai Courts. In 2018 the Dubai Courts held that it did not have jurisdiction over the claims (as the SPA’s were governed by the DIFC) and stated that the correct jurisdiction was the DIFC.

Consequently, the Defendants have been left without a remedy for their counterclaims. At paragraph 81 of his judgment Justice Michael Black stated he would have awarded Mr Gargash substantial damages for malicious prosecution and awarded modest damages to the other Defendants (if the DIFC laws had permitted him to do so).

Judgment can be viewed here