An Asian bought four camels from a Gulf country with specific specifications, worth 22 thousand dirhams, but he was surprised when he received them that they were not the camels he had chosen.
The Ras Al Khaimah Civil Court of First Instance ruled to annul the sale contract and oblige the defendant to pay 23 thousand dirhams.
In detail, the plaintiff stated that he agreed with the defendant to buy four camels worth 22 thousand dirhams, and the camels purchased at the defendant’s farm were identified, and their pictures were sent to his phone via “WhatsApp.” When he received it, he was surprised that it was not the camel he had chosen, so he asked the defendant to return the amount and get his camel back.
But the defendant refused his request, forcing him to continue spending on camels and feeding them.
He demanded that the defendant be obligated to pay him 5,000 dirhams for the damage he caused, pointing to the expenses of food and medicine, in addition to hiring a translator, and obliging him to return the amount paid, while the defendant requested that the lawsuit be dismissed, because the agreement was not what the plaintiff mentioned.
In the merits of its ruling, the court confirmed that the defendant had breached his obligation to deliver to the plaintiff the subject matter of the contract itself and its characteristics, and that the plaintiff requested a refund of the amount charged by the defendant and annulment of the sales contract.
The court has proven that the defendant violated his obligations to hand over to the plaintiff the subject of the contract, which results in the contract being dissolved and considered as if it did not exist, and the contracting parties being returned to the position they were in before concluding it. The buyer is obligated to return the sold item and the seller is obligated to return the price he received.
The court ruled to cancel the contract and oblige the defendant to pay the plaintiff 22 thousand dirhams.
She added that the plaintiff requested compensation in the amount of 5,000 dirhams for the damages he suffered from paying the court fees, translation, and losses on the camels throughout the period they were with him. The court concluded that the defendant was wrong, namely his failure to deliver the agreed-upon camels to the plaintiff.
She added that the error caused damage to the plaintiff in terms of the expenses he incurred for litigation, and the expenses of the camels he received in violation of the agreement, and the court estimates compensation for those damages at a value of one thousand dirhams, taking into account the circumstances and conditions of the case.
It ruled to cancel the sales contract between the plaintiff and the defendant, and to oblige the defendant to pay the plaintiff 23 thousand dirhams and obligated him to pay the expenses.
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