BCC 293/2007

Background

A company filed a case against a company before the civil court claiming that the company was the agent of a shipping company that had pledged to transfer a shipment of equipment from USA to Bahrain. The company said that it had discovered that the shipment had damages of 10604.600 Dinars and that the company had paid this amount to the final customer. The company requested the company pay 10586.400 Dinars and interest.

The court ruled that the company should pay the amount of money and the interest.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law because the court had dismissed its defence that the case should be dismissed due to the statute of limitations under Article 168 of the Maritime Law based on the argument that the claim was based on the shipping contract and not the insurance contract.