DCC 242/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, General Insurance Law
Copyright
LexisNexis
Decision date
24 Apr 2005
Catchwords
Goods – Damaged – Carrier – Delivery – Indemnification – Transportation contract – Within one year – Claim – Refusal – Commercial Transactions Law – Violation – Authority – Trial Court – Evaluate – Absence of evidence – Fraud – Plaintiff – Documents – Supervision – Cassation
The goods shall be deemed completely damaged if the carrier does not deliver the items, or if the carrier does not notify the receiver to collect the items. The claim demanding the indemnification against the transportation contract shall be filed outside the state within one year of the date of receipt of the goods if there is a claim of partial damage to the shipped goods. The carrier may not insist on the refusal to hear the claim stipulated in Article No 321 of the Commercial Transactions Law as this is a violation of the law. The authority of the trial court to conclude that fraud has been perpetrated and the verification of this violation. The authority of the trial court to evaluate the submission of the claim demanding the indemnification against the damages after more than a year, and the absence of any evidence of fraud based on reports submitted by the plaintiff together with the claim documents, without supervision by the court of cassation.
Pursuant to the perusal of the documents, and the reading of the summary report by the judge of the court, and after deliberation.
Whereas the cassation has fulfilled all formal conditions, and