DCC 19/1998
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice, Admiralty, Shipping & Navigation
Copyright
LexisNexis
Decision date
21 Nov 1998
Catchwords
Shipping agent – Salary – Supplier – Homeland – Court’s jurisdiction – Provisions – Civil Procedures Law – Ship owners – Agent – Dubai Court – Violation of the law – Al-Sharjah Emirate – State of Kuwait
The shipping agent is deemed a normal agent, taking a salary for the supplying of the ship. There is no reason for considering that the shipping agent's homeland is the same as the ship suppliers and the case is not within this Court's jurisdiction, except in the provisions stipulated in Articles 31, 33 and 41 of the Civil Procedures Law or upon filing the action against the shipping agent in his capacity as agent of the suppliers. The contested judgment to consider the action filed against the ship owners because their ship agent's homeland is in the jurisdiction of the Dubai Court is deemed a violation of the law and the action against them concerning the documents executed in Al-Sharjah Emirate and the State of Kuwait and the Dubai Court has no authority to hear the case.
Having reviewed the case documents, read out the summary report prepared by the Honorable “………” Judge, heard the pleading, and after the legal deliberation;
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;