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28 March 2024

Ship owner must pay Dh51,000 compensation

Ship owner asked to pay Dh51,000 compensation. (EB FILE)

Published
By Mohammed Elsidafy

The Dubai Commercial Court has ruled that the owner of the ship Fath Al Rahman shall pay Dh51,000 with nine per cent interest to another ship, Coral Rigida, which saved nine sailors of the former vessel.

The compensation covers the expenses of seven days of detention at Fujairah port as well as the travel and accommodation expenses of the sailors and cost of fuel during the detention period.

Coral Rigida spotted two lifeboats with nine sailors of Fath Al Rahman, which had a fire accident. It picked up the sailors and headed for Fujairah port to refuel. But the Fujairah port authorities detained the ship and questioned the captain for having nine sailors on board with no official papers.

The authorities refused to let the ship move on before sending the nine sailors back to their own countries. Coral Rigida had to remain in the port for a week. It paid for the sailors' hotel stay as well as the expenses of travelling to their consulates.

The court referred the case to a marine expert, who said that the ship was detained because the captain failed to inform the port authorities about the sailors. The court, however, ruled that Fath Al Rahman should pay.

 

Mashreq case

The Dubai Commercial Court hearing the case of Mashreq against Saudi businessman Maan Al Sanea decided to refer the case to an accountancy expert to find out whether Al Sanea had obtained a loan from the bank; the value of the loan, in any; and if the Saudi businessman paid back any loan amount and why.

The court allowed the expert to go anywhere and question anyone he wants. It asked the plaintiff to deposit Dh7,000 in the court's safe as expert expenses. The court set June 3 for the next hearing if the expenses were not deposited, and June 21 if they were deposited. The expert was asked to present his report in either session.

 

Emaar villa case

The Dubai Court of Cassation has ruled that a payment commitment is not met until and unless the payee has encashed the cheque.

The ruling was given in a case involving Emaar and a private company over the purchase of a villa.

The price of the villa was Dh2.5m and the purchaser, the company, paid an advance of Dh200,000. The rest was to be paid by January 4, 2009, failing which Emaar would forfeit the advance, as per the contract. The buyer sent a cheque for Dh1.8m – instead of the Dh2.3m it was supposed to pay, falling short by half a million – one week after the due date. After this, Emaar did not encash the cheque, refused to hand over the villa and also refused to return the advance paid. The matter was then taken to court.