UAE 119/25, 162/25
Type
Case
Court
UAE Federal Supreme Court
Jurisdiction
Ras al Khaimah, United Arab Emirates
Taxonomy
Litigation Procedure & Practice, Appeals, General Succession Law & Estate Planning, Legal, Electricity, Types of Insurance, Civil Evidence
Copyright
LexisNexis
Decision date
27 Sep 2006
Catchwords
Litigation Procedure – Appeal – Power of Attorney – Lawyer – Electricity – Insurance – Evidence – Expert Report
This case involved insurance compensation due for damage to turbines in a power station. The court had been wrong to ignore a defence that the turbines were not at the end of their natural life because of the way they had been used and periods they had not operated. In addition, the appeal was rejected as the lawyer's power of attorney had not included evidence that the individual who appointed them had the power to do so.
Background facts
The Respondents in appeal No. 119 of 25 filed suit No. 61 of 1997 against the Appellant requesting the payment of 39,405,872 AED, as they had secured against the power generation plant station shown in the papers, and during the validity of an insurance policy, two turbines which were damaged at Ras Al Khaimah station.
The costs and damages and their benefits were estimated at the amount claimed, but the Appellant had not pay them.
Proceedings:
Court of first instance.
The Court of First Instance appointed an expert. The Court obliged the Appellant to pay the Respondents 12,132,000 AED. The Appellant appealed this judgment and the Respondents filed a subsidiary appeal.