DCC 330/2005

The original dispute involved the transfer of right to an insurance company after a transport company had caused an accident by not waiting until goods were safe to move. This case also looked at the time limit for appeal when the law had changed during the litigation.

B ackground Facts

AN Appellant insurance company filed suit No. 452/2004 against the Respondents before the Dubai Court of First Instance requesting 85,982 AED and 12% interest from the due date until full payment on the basis of the fact that the Plaintiff issued an insurance policy for DEWA to insure all the risks of construction, installation and transit transport.

The First Defendant worked in the field of lifting and loading equipment and transported materials by heavy trucks and the Second Defendant was an employee of the First Defendant.

In accordance with the leases contract concluded between the first defendant in his capacity as the insured (DEWA), the first party committed to transfer equipment according to the request and directions.