DCC 231/2007

This case involved damage to goods under a road transport carriage contract. Even though the owner of the goods' employees and not the employees of the carriage company had stacked the goods, the carriage company was responsible for damage to the goods because they were incorrectly stacked.

Background

A Company - the First Respondent filed suit No. 481 of 2006 before the Dubai Court of First Instance against:a company for shipping and clearance of goods (the Second Respondent). a company for public transport (the Appellant), requesting they pay 275,619 AED and 9% interest from the date of filing the lawsuit until full payment on the basis that on 17/4/2007, the Plaintiff requested the First Defendant to transfer 14 generators from Jebel Ali to Al Quoz. They approved and sent a carrier number 97876 to transfer the shipment. Due to the negligence of the carrier's driver from the Second Defendant Company and the improper installation of the shipment, generators were damaged. However, the Defendants refused to compensate the Plaintiff for the value of the generators.

Proceedings:

Court of first instance - Decision dated 29/05/2007