Ihab Al-Rifai (Al Dhafra region)
The Abu Dhabi Court for Family and Civil and Administrative Claims rejected a lawsuit in which a friend of his is demanding that he pay him an amount of 96,730 dirhams and compensation for the damages he sustained an amount of 30,000 dirhams and legal interest, as well as obligating him to pay fees, expenses and attorneys’ fees, explaining that according to the friendship relationship between the parties to the litigation and due to the defendant’s need for money, The plaintiff handed him his bank card and pledged to pay the value of the money. As a result, the former made several money withdrawals with the required amount, but he did not initiate the payment of the withdrawn money, and when he was asked to pay, he kept procrastinating.
In its ruling, the court confirmed that the plaintiff had claimed that he had handed over the bank card to the defendant, and as a result, the latter withdrew the amount, and he had submitted, to prove his claim, pictures of messages via social media and WhatsApp, claiming that it took place between him and the defendant. The letters show that what was stated in them does not prove the reality of the transaction that took place between the two parties to the litigation, nor does it prove the fact of the debt or advances that the plaintiff claimed, and there was no express acknowledgment in them by the defendant that he owed the amount subject of the lawsuit from the plaintiff, and since that was and the defendant was in his answer On the case, he did not deny receiving payments of money from the plaintiff, but his role was an intermediary to receive sums of money and hand them over to another person, but he argued that that sum was not a debt, and since that was and the papers were devoid of proof of the fact of the debt and advances, and evidence of the defendant’s commitment to refund The amount, accordingly, the lawsuit has lacked evidence to prove its validity, and it was based on no basis from reality and the law, and the court shall rule to reject it in its case.
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