DCC 135/1998

The original dispute was a claim for damage to cargo. The case looked at the bill of lading and whether it had been validly endorsed when deciding if the claimant had the right to sue. It also considered the agreement to extend the period of prescription and if the parties had been denied their rights to two levels of litigation.

Background

A claim was brought against a defendant ordering them to pay 302,540 AED plus interest for damage to a cargo which had been carried by the defendant. The claimant was subrogated to the cargo interest's claim. The court of first instance refused the claim because of the lapse in the prescription period. The claimant appealed and the appeal court ordered the defendant to pay the amount plus interest. The defendant appealed by cassation arguing that the claimant was not party to the contract between the defendant and the shipper. It also argued that the appeal court was wrong about the period of prescription as there had been an existence of an extension agreement. It finally argued that the court had deprived the parties of their right to two levels of litigation.

Decision