DCC 304/1999

This case involved whether a company was allowed to send its goods to a company which was not its agent as those goods were not for sale in the jurisdiction but in transit to another jurisdiction.

Background

A Claimant brought a suit, as an Agent, in both tort and under the Commercial Agencies law, seeking compensation from the First Respondent, a non-Agent and the Second Respondent, its Principal, alleging that the Second Respondent has been importing products for the First Respondent; who subsequently sold them in the claimant's operating jurisdiction.

The Claimant had previously petitioned commissioners of the relevant governmental departments to carry out checks and investigations on the First Respondent's warehouses; and products by the Second Respondent were uncovered.

The Respondents alleged, by producing a document executed between them, that the products were only in transit in Dubai - and were actually destined for Iran and other jurisdictions, which the Claimant had no right to.

Proceedings

Dubai Court of First Instance - Decision No 37 of 1999

The Court of First Instance ruled against the Respondent and in favour of the Claimant, but only for a fraction of the amount it had sought under decision 37/1999.