The Abu Dhabi Court for Family and Civil and Administrative Cases ruled that it does not have qualitative jurisdiction to hear a lawsuit filed by a student’s mother against a private school, in which she demanded a refund of the tuition fees she paid to the school, and the court ordered that she be referred to the Abu Dhabi Commercial Court.
In detail, a woman filed a lawsuit against a private school, in which she demanded that she be obligated to refund 15,698 dirhams with the legal interest of 12% and oblige her to pay fees and expenses, indicating that she had paid the claim amount in exchange for tuition fees for her son for the academic year 2021/2022, but because of the problems of the school. With the competent educational authorities, she did not open her doors to students and continued to collect money without providing alternative solutions or returning the fees and enabling her to transfer her son to another school, and attached a document to her claim with copies of invoices and copies of other documents, while the school agent submitted a reply memorandum in which he demanded that the case be dismissed.
In the merits of the ruling, the court stated that it is established in accordance with the Civil Procedure Law that the plea that the court does not have jurisdiction due to the absence of its jurisdiction or because of the type or value of the lawsuit may be made in any case, and the court will rule on it on its own, and it is decided in accordance with the Commercial Transactions Law that Every company that carries out a commercial activity or takes one of the forms provided for in the Commercial Companies Law, even if the activity it carries out is civil. The provisions of this law apply to merchants and to all commercial activities carried out by any person, even if he is not a merchant.
The court stated that what is established from the commercial license of the school is that it is a company with limited liability, and therefore the commercial court is competent to adjudicate this dispute in accordance with its founding decision. Fees and expenses, and the case management office shall set a session and notify the litigants thereof.
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