DCC 101/2004
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
30 Oct 2004
Catchwords
Cassation – Names and addresses – Declaration – Appellant requests – Statement of Appeal – Invalid – Insured risk – Maritime Insurance – Goods – Deterioration – Authority – Trial Court – Insurance policy – Contracting parties – Expert report – Reasonable grounds
The law determines that the appeal in cassation document shall include the data of the litigants' names and addresses, the contested judgment, the date of issue, the causes, the declaration and the appellant requests. The plea to dismiss the statement of appeal since it does not include the date and the respondent address and details of the cassation grounds is deemed invalid. The details of the insured risk in the maritime insurance of the goods. Non-consideration of replacing other goods for the insured goods, as deterioration is covered by the maritime insurance. The authority of the trial court to interpret the insurance policy without being aware of the expressions and the intentions of the contracting parties. The authority of the trial to assess the expert report based on reasonable grounds. The contested judgment to dismiss the action by the insured company since it did not cover the replacement of goods is deemed reasonable and consistent with the correct interpretation of the insurance policy.
Pursuant to the perusal of the documents, and the reading of the summary report by the judge of the court ……………., and after deliberation