Dubai Customs gets to keep diamonds as claim limit expires

The Dubai Court of Cassation ruled that a case can be dismissed without hearing in the event of the plaintiff opening it after the expiry of the period prescribed by law for the establishment of the case. The court issued the ruling upholding the verdict of both the Dubai Court of First Instance and the Court of Appeal in a case involving the Dubai Ports and Customs Authority. As the plaintiff filed a case 90 days after the customs authority confiscated rough diamonds from his luggage at Dubai International Airport, the case was dismissed by both the lower courts. The Court of Cassation ruled that customs is authorised to define and formulate its own laws pertaining to import, export and transit of goods as well as determine goods that are prohibited and permissible, including those that incur fines and appeals. It is very much an internal matter of the customs authority and not federal whatsoever, the court added. According to Dubai Customs Law No 4 of 1998, if the 'victim' chooses to defend himself or challenge the authority's action it must be done within 90 days of the case being finalised. Citing the above law, the Court of Cassation rejected the plaintiff's claim against the Dubai Ports and Customs asking it to return the confiscated diamonds weighing 702 grams, because the incident happened more than a year earlier. The court also rejected the plaintiff's request to apply federal law in judging his case, because according to Article 120 of the Constitution federal legislation is applicable only to defence, armed forces, public services such as Post and Telegraph, immigration, air traffic control, education, healthcare, etc. The court reminded that Article 121 of the Constitution grants each emirate the right to issue its own legislation.