DCC 173/2007
Background
APlaintiff brought forward proceedings against two Defendants, an Agent, and a manufacturer, who was the principal of the first defendant.
The Plaintiff filed proceedings before the Dubai Court of First Instance under roll (186/2005) claiming that the Defendants, had sold them faulty wood unfit for its commercial purpose.
The Plaintiff had previously contracted with the Defendants, in 2004, to import an amount of wood for around one million US Dollars. The Plaintiff opened a letter of credit in favour of the Second Defendant and the First Defendant facilitated the transaction.
On receipt of the wood, at the Dubai Port, the Plaintiff refused receiving it as it had an inherent fault which made it unsuitable for its commercial purpose.
The Defendants confirmed to him their willingness to replace it, after they had received money by cashing the letter of credit.