The Abu Dhabi Family, Civil and Administrative Claims Court ruled that a young man was obligated to pay another amount of 195 thousand dirhams that the defendant had borrowed from the plaintiff, to invest in trade, but he did not fulfill his pledge and did not return the amount.
In detail, a young man filed a lawsuit against another in which he demanded that he be obliged to pay him an amount of 195 thousand dirhams, the value of acknowledging the debt that is the subject of the lawsuit, in addition to legal interest of 12% of the principal amount from the date of the claim until the date of full payment, in addition to fees and expenses and legal fees. Pointing out that the defendant borrowed the claim amount to operate and invest it in the commercial field, and pledged to return the amount within a month, but he delayed and did not return it.
In the merits of its ruling, the court explained that, according to the provisions of the Evidence Law in Civil and Commercial Transactions, the plaintiff must prove what he claims, and the defendant has the right to deny it, noting that what is proven in the papers is that the plaintiff gave a sum of money to the defendant with a total value of 195 thousand dirhams, which He pledged, in the event that he did not engage in trade, to return the amount within a month, and the defendant did not attend and did not present any plea or defense in the lawsuit, in terms of quantity or substance, to prove the incorrectness of what the plaintiff claims, or to prove that he paid the amount in question, returned it, or engaged in trade, with the presence of a signed acknowledgment from him that he received it. the amount.
Regarding the plaintiff’s request to oblige the defendant to pay him the legal interest at the rate of 12% from the date of filing the lawsuit until full payment, the court indicated that after proving that the defendant’s liability was preoccupied with the amount of the claim, the plaintiff is entitled to the delay interest on the amount awarded, which the court estimates at a percentage of 5%. Annually attributable to the amount adjudicated, and the court ruled to oblige the defendant to pay to the plaintiff the amount of 195 thousand dirhams and the legal interest at the rate of 5% annually attributable to the amount adjudicated from the date of this ruling becoming final until full payment, not exceeding the principal amount adjudicated, and to oblige the defendant to pay fees and expenses. .
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