DCC 146/2004
This case involved a claim by an insurance company for repayment of compensation it had paid for damage in a fire caused by the defendant. A key issue was whether the defendant was liable as the actual damage had been caused by the fire brigade who had to demolish a wall to access the fire.
Background
The Plaintiff was an insurance company that paid compensation to the insured party who was injured by a fire caused by the Defendant.
The insurance company replaced the insured party in its right to get the compensation.
Proceedings
Claim No 1352 of 2001 before the first instance court of Dubai.
The Plaintiff requested the Court to require the Defendant to pay an amount of money as compensation with related interest.
The Court of first instance of Dubai required the Defendant to pay the compensation and the interests
Court of Appeal, Appeal No 220 of 2003 reversed the appealed judgment and transferred it to the Court of Appeal.
Appeal in Cassation No 33 of 2002 before the Dubai Court of Cassation reversed the judgment and transferred it to the Court of Appeal.
The Court of Appeal rejected the Appeal and confirmed the appealed judgment.