A High Court case brought by a retired surgeon, arising from a dispute over the control of the Islamic Cultural Centre of Ireland, was “entirely misconceived” and made baseless allegations, a judge has said.
Mr Justice David Nolan made the comments as Dr Abdel Basset Elsayed withdrew the proceedings, with the judge noting that by withdrawing the case the Meath-based physician was withdrawing the allegations made against directors of Al Maktoum Foundation CLG.
Dr Elsayed withdrew the case in circumstances where his court documents did not contain a plenary summons, a key document used to commence High Court proceedings.
He brought the case in May after a dispute over control of Al Maktoum Foundation resulted in the closure of the centre’s mosque in Clonskeagh, South Dublin.
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Dr Elsayed, who purported to be a director of Al Maktoum Foundation since 2012, alleged in the proceedings that the appointment of several new directors to the foundation’s board was unlawful, giving rise to the dispute.
Among the reliefs sought by Dr Elsayed was an order removing these board members as directors.
These directors, notice parties to the action, are Ahmad Tahlak, Hesham Abdulla Al Quassim, Khalifa Aldaboos, Mohamed Musabeh Dhahi and Zahid Jami. The men are residents in Dubai, but have their place of business as Roebuck Road, Clonskeagh.
Al Maktoum Foundation and Dr Elsayed were initially represented in the proceedings by barrister Joseph Sallabi, who said he was the foundation’s in-house counsel.
The case was adjourned previously when a judge sought clarification from the Legal Service Regulatory Authority that Mr Sallabi had the required status to bring the legal challenge.
At a hearing last month, the court heard Mr Sallabi was no longer acting in the case, and was claiming more that €190,000 in fees purportedly owed to him by the foundation.
Lawyers for the notice party directors said their clients did not intend to pay “a cent” to Mr Sallabi.
The case came before Mr Justice Nolan on Wednesday when lawyers for Mr Elsayed sought to move an application for various interim reliefs, including an injunction to reopen the mosque.
Opening the application, barrister Roddy McConnell told the judge his side’s pleadings – court documents on which a litigant’s case is based – required various amendments.
The pleadings did not contain a plenary summons, the court heard.
Mr McConnell said this was a difficulty arising from taking over “someone else’s handiwork”. He later said his side had been left with the “relics” from Mr Elsayed’s previous representation.
The judge said the “building blocks” on which a case such as Mr Elsayed’s is brought “do not exist”. He said this was no fault of Mr McConnell’s, but rather a product of the “egregious” manner in which the case was previously presented.
Allowed by the judge to address the court, Mr Elsayed said he had not brought the case for personal gain, but in a good-faith effort to reopen the mosque for the good of his community.
The judge accepted his motivation was fair, but said his sworn statements to the court contained claims that were factually incorrect and “at times ludicrous”.
The judge said Mr Elsayed had brought attention to his community “and not in a good way, and it doesn’t reflect well on you”.
Following a short recess, Mr McConnell told the judge that Dr Elsayed had agreed to withdraw the case. Mr McConnell asked for the issue of costs in the case to be dealt with in the new year.
Lyndon MacCann SC, noting the “scurrilous allegations” made against his clients in the case, said he would be seeking an order for costs.
Mr MacCann said he was seeking to pursue costs against Mr Sallabi.
Mr Justice Nolan said he was pleased Dr Elsayed was withdrawing the case and said it should “never, never, never” have been brought.
He said the proceedings were “entirely misconceived” and the basis on which the claims were brought, in his view, were “entirely disingenuous”.
Mr Justice Nolan adjourned the matter of costs to the new year and gave liberty for Mr McCann’s side to bring an application for costs against Mr Sallabi.
