DCC 133/2003

This case involved a claim against parties who were not agents of a company who had imported products into the UAE which were covered by an exclusive agency. Being unaware of this was not an excuse and the principal could not be blamed for not informing them of the agency.

Background Facts

A Claimant filed a law suit against two Respondents asking the Court to appoint an expert in order to calculate damages it had sustained due to the Respondents' actions.

The Claimant alleged that the Respondents had imported, without their knowledge, products that belonged to the Second Respondent into their exclusive locality and had then proceeded to sell the products in this locality, which have led to extensive damages and a decline in the Claimant's profits and sales.

In response, the Respondents argued that they had enquired with the principal prior to the importation of the products and had been informed that there were no exclusive agents in the UAE.

The Respondents then attempted to join the Principal as a third Respondent but failed.