The Abu Dhabi Family, Civil and Administrative Claims Court ruled to oblige a man to return her car to a woman, pay her 250 dirhams in rent for each day it remained in his possession, and pay the value of the traffic violations he committed, in addition to 5,000 dirhams in compensation for the material and moral damages she suffered.
In detail, a woman filed a lawsuit, in which she demanded that a man be obligated to hand over a car in good condition fit for the purpose for which it was intended, and if delivery is not possible, obligate him to pay its market value, obligate him to pay the daily rental value of the car from the date of its seizure until the actual delivery, and pay the traffic violations imposed on the car within The period of his possession of it, and obligating him to compensate for the material and moral damages she suffered as a result of the seizure of her car, and obligating the defendant to pay expenses, fees, and attorney fees, noting that she had agreed with the defendant more than eight months ago that he would use the vehicle that belonged to her, but he refused to return it. The vehicle when I requested it from him according to the agreement, and he was criminally convicted and fined 2,000 dirhams. It was confirmed that the car remained in his possession for 250 days, while the defendant submitted a response memorandum that was reviewed by the court.
For its part, the court explained in the merits of its ruling that the error under which the defendant was convicted was the same error on the basis of which the plaintiff based her filing of the present case, and the ruling, when it decided to convict on the basis of proving the error on his part, represented by (the embezzlement of her vehicle), had necessarily determined the occurrence of The act that constitutes the common basis between the criminal and civil lawsuits, and in the legal description of this act and its attribution to its perpetrator, and the elements of tort liability are present. Regarding the plaintiff’s request for compensation, the court indicated that, according to the provisions of the Civil Transactions Law, “every harm to another obliges the perpetrator to be liable,” and the mistake committed by the defendant caused the plaintiff damages represented in material damage by seizing her vehicle, and moral damage in the form of grief and pain. The court ruled to oblige the defendant to pay the plaintiff an amount of 5,000 dirhams in compensation, and to hand over the vehicle to the plaintiff, and to oblige him to pay the vehicle rental allowance of 250 dirhams per day, from the date of receipt of the car until the date of actual delivery of the vehicle, and to oblige the defendant to pay traffic violations from the date he received the car until The actual delivery date of the vehicle, along with fees and charges.
#man #seizes #woman39s #car #months
