DCC 325/1997
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Admiralty, Shipping & Navigation, Enforcement of Judgments, General Contract Law, General Transport Law
Copyright
LexisNexis
Decision date
26 Apr 1998
Catchwords
Effectiveness of the order – Hear the case – Ship transport claims – Legitimate excuse – Effective period – Maritime claim – Agreement – Legitimate excuse – Evidence – Contested judgment – Appeasable
The effectiveness of the order, not to hear the case by the time for the ship transport claims of from the date of delivery of the goods when there is a legitimate excuse, justifying the reason for not filing it during the effective period, is suspended. The agreement on the extension of period, of filing the maritime claim, is considered a legitimate excuse for preventing the filing of the suit and suspending effectiveness of the passage of time during the extension period. The trial court has the authority to collect and understand the reality in the case and assess the evidence. The contested judgment lacks substantiation and is considered appeasable in regard with filing ship transport claim after more than one year from the date of delivering the goods without considering it in the defense defendant about the letter of extending the period specified for claiming with three months and his evidence of the legitimate excuse.
Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation.
Whereas the cassation appeal was filed within the legal period fulfilling all its all formal conditions, then it is accepted in form;