The Abu Dhabi Court of Appeal for Family and Civil and Administrative Claims upheld a ruling by the Court of First Instance, which ruled that a lawsuit filed by a real estate company against the owner of an apartment in its residential complex be dismissed.
In the details, a real estate company filed a lawsuit against the owner of an apartment, in which it demanded that he pay her an amount of 300,000 dirhams in compensation for the material and moral damages inflicted by the defendant, noting that he had sent emails to its employees, including insulting and underestimating them, and those dealing with it. While he described its business and management as a failure, and created a group on social media in which he included the rest of the owners in the residential community, and incited them not to pay the service fees due for their units. A court of first instance decided to reject the case as it is based on the absence of papers, which proves that the e-mail attributed to the appellant belongs to him, and he denied that, and its request to assign technical expertise in this regard was not serious, and the court is not obligated to prepare the evidence for the litigants, especially since it did not submit it from the outset. By criminally reporting against him, the Public Prosecution will take the necessary means to indicate whether the e-mail belongs to him, and whether or not the phrases contained in it constitute a criminal offence.
The company was not satisfied with the ruling, and resorted to the Court of Appeal, which confirmed that the appellant company relied on the electronic messages attributed to the appellant against him, and issued through his account that is confirmed by their contract, and the latter contented himself with denying those messages, deciding that they were fabricated against him, and then he did not harm those documents and their contents because of their authoritative documents. The customary, with which the court turns away from its request to deputize technical expertise in its regard, and it lacked its usefulness. The court decided to accept the appeal in form, reject it in substance, uphold the appealed judgment, and obliged the appellant to pay the expenses.
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