DCC 310/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Litigation Procedure & Practice, Limitation of Actions, General Commercial Law, Civil Evidence, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
5 Feb 2008
Catchwords
Litigation Procedure – Statute of Limitations – Merchant – Commercial Law – Evidence – Expert – Company
This case involved a claim for unpaid imports. A key issue was what statute of limitations applied as this would be different if one of the parties was not a merchant. Even if the activity itself was not that of a merchant if the party was a company they would automatically be considered a merchant.
Background Facts
The Respondent, an LTD, filed primary proceedings before the Dubai Court of First Instance under case No. (809/2006) against the Appellant seeking compensation for around one million AED for construction materials that it had imported to it, per its request, without payment being made.
The Court of First Instance appointed an independent expert, and after they made their report, ruled in favour of the Respondent, the Plaintiff in the original proceedings.
The Appellant then proceeded to file an appeal under case No. (525/2007) before the Dubai Court of Appeal. The Appellant lost its appeal and proceeded to file this appeal to the Court of Cassation.