DCC 273/2003

This case involved an insurance claim for a property which had gone on fire as a result of actions of a tenant. A key issue was whether the court or rental committee had jurisdiction to hear the dispute between the insurance company and tenant.

Background

The Appellant insured a building for its owner under an insurance policy and the first Respondent as the owner, decided to lease the building to the second Respondent for use in the perfume industry and associated work.

The Defendants caused a fire in the building as a result of their negligence, resulting in damage to it, which was estimated to be the amount claimed. The amount of 347,000 AED included the damage and plus 9500 AED.

When the Appellant paid this amount to his insurer, the lessor, and replaced him in the claim of the Defendants which refrained from paying it, so the case was filed against them.

Proceedings

Court of first instance | Decision dated 25/12/2002

The court ruled that it had no jurisdiction over the case.

Appeal at Sharjah Court of Appeal |Decision dated 9/04/2003

The Appeal was rejected and the appealed judgment confirmed.

Appeal in Cassation before Dubai Court of Cassation