The Abu Dhabi Court for Family and Civil and Administrative Claims ordered a woman to pay a man 5,000 dirhams in compensation for moral damages resulting from her inconvenience to him through one of the means of communication “WhatsApp”. The court rejected the plaintiff’s request for financial compensation for lack of evidence.
In the details, a man filed a lawsuit against a woman who demanded to oblige her to pay him 55 thousand dirhams in comprehensive compensation for material and moral damages, and oblige her to pay fees and expenses and in return for attorney’s fees, noting that she harmed him through messages via “WhatsApp” and was convicted under a criminal judgment of a crime Annoying the victim by using telecommunication services with a fine of 5000 dirhams and obligating her to pay judicial fees, while the defendant submitted a reply memorandum, at the end of which she requested rejecting the case for lack of validity and substantiation, while obligating the plaintiff to pay fees and expenses.
The court stated in the merits of the judgment, that the evidence from the judgment issued in his presence is that he convicted the defendant of the charge of disturbing and harming the plaintiff, and then the judgment had the authority of the res judicata in what he decided before the civil court, and it is not permissible with him to re-examine the elements of responsibility, and the element of error is It was available before the defendant, and it was definitively proven against her.
She pointed out that this error is the reason for the damages to the plaintiff, and the illegal act on the basis of which the criminal case was filed was the very one on which the civil lawsuit was filed, and then this court is bound by the proof of the error and attributed to its perpetrator, and it is forbidden to violate it or re-examine it, What makes the elements of liability of error, damage and causation available to the defendant.
She emphasized that the court would not be reprimanded if it ruled for a total compensation for all the damages inflicted on the victim when the elements of the damages for which it had decided this compensation were clarified in order to prove the defendant’s mistake under the judgment. The defendant, what the court deems fit to compensate the plaintiff for the moral damages he sustained.
He pointed out that the papers contained no evidence of material damage to the plaintiff, and then the court ruled to reject the plaintiff’s request in this regard, and the court ruled to obligate the defendant to pay the plaintiff an amount of 5,000 dirhams, and obligated the defendant to pay fees, expenses and fees.