Liability of Jebel Ali Port Authority
Liability of Jebel Ali Port Authority for the damages occurred to the goods and the necessity to report such damage to the Authority by a written notice within the legal period specified under Article (19) of Law No. 4 of 1979. The right to give such notice shall not be relieved even if the damages are known to the port authority.
As referred to in Article (19) of Jebel Ali Port Law No. 4 of 1979 , a written notice of loss or damages occurred to the goods must be given to the Authority by the entity receiving the goods on the time of submitting the goods documents in case of total loss, and within six days from the date of receipt if such damage or loss were not obvious on the date of delivery, otherwise the authority shall be relieved from all liabilities. This means that Jebel Ali Port Authority must be informed of the nature of the loss or the damage and that the party receiving the goods persists on its right resulting therefrom, in order to enable the authority prepare its defense to discharge its liability. Therefore, the party receiving the goods is not relieved from giving such notice of damage or loss and disclosing their nature and the liability of the authority even if the same is known to the Authority. In order to preserve the right of the recipient in case of total loss, such notice must be given to the authority in written on the time of submitting the goods documents, or within six days from the date of receipt if such damage or loss were not obvious on the date of delivery.
Appeal No. 195 of 2000, rights, session held on 29.10.2000