Al-Ain Court of Appeal upheld a ruling of the Court of First Instance, which rejected a compensation claim filed by a young man, in which he demanded that his sister pay him 100,000 dirhams of care, including food, drink, clothing and other expenses related to living, during the period of his guardianship over her until her marriage.
In the details, a young man filed a lawsuit, requesting the assignment of an accounting expert to estimate the expenses of caring for his sister, explaining that he was a custodian of his sister, according to the legal inheritance declaration, and he bore her expenses of food, drink, clothing and other expenses related to living until her marriage, and she received her money, and requested the rest of her with him according to A lawsuit, which led him to demand the value of the expenses he incurred on her.
The defendant’s lawyer submitted a reply memorandum, in which he held that the case could not be considered, due to the precedent of adjudication, and requested that the requests be disregarded, because the amount awarded in the civil lawsuit is the share of the legal defendant in the possession of the plaintiff, after deducting the expenses and expenses incurred in caring for his sister in terms of food and clothing Education, etc., and that the plaintiff raised the same requests in the appeal, and the appeals court decided to amend the amount owed to the defendant to 96 thousand and 938 dirhams, then the plaintiff submitted a request for omission before the same court, in another attempt to deduct any other amounts, but the appeals court responded to him, and ruled Deny the request for omission.
The Court of First Instance ruled to reject the case, and obligated the plaintiff to pay fees and expenses, based on the fact that what was established from reviewing and appealing the judgment issued in the case is a “simple civil” case, and the applications submitted in it before the Court of Appeal, that it awarded the plaintiff with his requests submitted in it after deducting what was spent on her by drawing her personal belongings in the amount of 93,770 dirhams, and the rest of the requests were implicitly rejected, which are the expenses of food, drink, housing, education, and medical care, and all the requirements of special services, and ended with their refusal for lack of proof, and then the plaintiff’s claim for it again without providing new factual evidence, and his sufficiency with a request to delegate an expert without attaching any statements Or certified records proving his eligibility for the requests made by the defendant on an illegal basis.
And since the judiciary was not accepted by the appellant, he appealed against him, claiming that the appealed ruling was a violation of the evidence established in the papers, and a violation of the right of defense, despite the submission of documents and certified statements proving his eligibility in his requests, in addition to the appellant’s acknowledgment that she was staying with him, and he is the one who spends on her .
The Court of Appeal stated in the merits of the judgment that the evidence from the judgment issued in the simple civil case, the appeal judgment, and the judgment of omission, that it ruled for the appellant with his requests after settling the account, and deducting an amount of 93 thousand and 770 dirhams, which was disbursed by the appellant in favor of the respondent, and requests for food and drink expenses were rejected. And housing, medicine and education supplies, for not being proven by submitting accounts and proof bills, despite the assignment of a previous expert in the previous lawsuit.
She pointed out that the situation that ended with the previous rulings did not change, and thus prevents this from re-submission of the dispute again, and the appeal becomes unsubstantiated, and the court ruled to accept the appeal in form, and in the matter of rejecting it and supporting the appealed ruling, and obligated the appellant to pay expenses.
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