The Al Ain Court of First Instance ruled that a girl must pay a young man 40,000 dirhams, the remainder of the price of a car she bought from him, while requiring her to compensate him 1,000 dirhams for the material and moral damages he suffered.
In the details, a young man filed a lawsuit against a girl, in which he demanded that she be obligated to pay him an amount of 40,000 dirhams, with legal interest at 12% annually, from the date of the claim until full payment, and obliging her to pay an amount of 5,000 dirhams as compensation for material and moral damages, as a result of her failure to fulfill her obligations and procrastination. In his dues, and directing the decisive oath as a precaution, in addition to obliging her to pay fees and expenses and for legal fees, indicating that he sold his vehicle to the defendant for 140 thousand dirhams, of which she paid 100 thousand, while she refrained from paying the rest of the price despite him transferring ownership of the vehicle to her name, while The defendant submitted a memorandum of response to the lawsuit, at the conclusion of which she requested that the lawsuit be dismissed and that the decisive oath be returned to the plaintiff.
Before deciding on the matter, the court decided to return the decisive oath to the plaintiff, so he took it in the form: “I swear by God Almighty to tell the whole truth and nothing but the truth that I sold and transferred to the defendant the vehicle in question for a price of 140 thousand dirhams, and it was not for the amount of 100 thousand dirhams, and that her debt is occupied.” I have 40 thousand dirhams for the rest of the price of the vehicle, which was neither a gift nor a gift, and God is a witness of what I say.
For its part, the court explained in the merits of its ruling that the plaintiff requested proof of his current claim to direct the decisive oath to the defendant, and the defendant responded in the session scheduled to take the decisive oath on the plaintiff, who swore it in the prescribed form, indicating that this oath had fulfilled the conditions prescribed for it by law. The dispute has been settled in his favor regarding the defendant’s debt to the plaintiff amounting to 40 thousand dirhams.
The court indicated that the defendant’s mistake was established as stated above, and it resulted in material and moral damage represented by the plaintiff not benefiting from the amount due as the remainder of the price of the vehicle that is the subject of the lawsuit, and his feeling of psychological pain that he suffered as a result of the defendant’s action, and a causal relationship was established between the mistake and the damage. Accordingly, the court legally obligated the defendant to compensate the plaintiff 1,000 dirhams for the damages he sustained. It also ruled that the defendant be obliged to pay the plaintiff an amount of 40,000 dirhams for the remainder of the price of the car, in accordance with what was stated in the reasons and expenses, and it rejected all other requests.
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