ECC 8222/2000

This case involved compensation for a shortage in a cargo. The shortage was less than 1% so was deemed an acceptable shortage.

Background

A company filed a case against a shipping company before the court requesting the shipping company to pay compensation. The company said that it had imported a shipment of animal fat and the shipment had a shortage.

The court ruled that the shipping company should pay the company 48373.982 Egyptian Pounds and interest.

The two companies appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

Decision

The company appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was said that the court established its ruling based on the argument that the shortage ratio was less than 1% and so the shortage was acceptable under maritime traditions. The company said that the court established its ruling based on an old certificate issued by the department of maritime navigation.