A dispute over the alleged unlawful appointment of new directors to a company behind the Islamic Cultural Centre of Ireland has meant the mosque in Clonskeagh, Dublin, has been closed for a month, the High Court heard.
On Tuesday, Mr Justice Brian Cregan said he would make orders under company law in relation to the appointments if there was no response to proceedings over the dispute from five named new directors of the Al Maktoum Foundation CLG, which owns the centre.
The case has been brought by Dr Abdel Basset Elsayed, a Meath-based medical consultant and director of the foundation company since 2012 and secretary since 2022.
The Al Maktoum in-house counsel, Joseph Sallabi, told the judge that in August 2023, there were only three directors, one of whom was Dr Elsayed.
One of the three resigned and without Dr Elsayed's knowledge, or without board approval, the third director, Mirza El Sayegh, appointed five new directors and took control of the company, he said.
"The situation is really grave as they have now filed submissions with the Companies Registration Office (CRO) changing the constitution and tampering with the records of the company," he said.
The dispute has meant the mosque in the Clonskeagh centre has been closed for a month now, he said.
Mr Sallabi said the five directors, who are notice parties in the case which is against the CRO, are all resident in Dubai but have their place of business here.
He said notice of the proceedings had been served by post on the five: Ahmad Tahlak, Hesham Abdulla Al Quassim, Khalifa Aldaboos, Mohamed Musabeh Dhahi and Zahid Jami, all of Roebuck Road, Clonskeagh.
There was no appearance by them or on their behalf and Mr Justice Cregan said there should also be service on them by email so that they can contest the matter if they choose.
When the judge pointed out this all appeared to have taken place a year ago, Mr Sallabi said they only became aware of it in October.
The judge noted the urgency of the matter and said service of the papers should take place within two days and the case could come back early next week.
"You can indicate to them that if they don't appear or are not represented, I will make the orders being sought unless I hear a reason that I should not".
In an affidavit, Dr Elsayed, who is an applicant in the case along with the company itself, said following the resignation of one of the three directors last August, the company received a letter from its auditor confirming there were only two directors (Dr Elsayed and Mr El Sayegh).
The auditor recommended that the board include at least two directors who are based in Ireland to ensure an adequate governance structure.
Last January, he said Mr El Sayegh received a directive from the Mohammed Bin Rashed Al Maktoum Humanitarian and Charity Establishment to add four directors to the company.
On January 20th, Mr El Sayegh passed a purported board resolution authorising the appointments of four individuals.
"The purported resolution was issued without my knowledge, attendance or contribution", Dr Elsayed said.
He said between April 19th and June 7th last year, Mr El Sayegh submitted forms to the CRO appointing the five new directors who are notice parties. He said those appointments are invalid and without effect and did not follow the requirements of the company's constitution.
It is claimed, in legal submissions, that the appointments were made "under instructions from an unrelated Dubai-registered organisation with no corporate ties to the company, except Mr El Sayegh's directorship in both entities".
The applicants seek an order, under Section 173 of the Companies Act 2014 and under the court's general jurisdiction, directing the rectification of the CRO register by removing the allegedly unlawfully appointed members.
They also seek an order restraining the new directors from performing any duties or representing themselves as directors of the company.
The Al Maktoum Foundation was incorporated in 1997 to “establish a position for the Muslim community within the Irish society that is fair and based on due rights and to work for a more enlightened appreciation for Islam and Muslims in the wider society, as well as fostering better community relations and working for the good of society as a whole”.