The Abu Dhabi Court for Family and Civil and Administrative Claims ordered a young man to pay a girl 100,000 dirhams, which he took from her as an investment, evaded her and turned off his phone, in addition to 5 thousand dirhams as compensation for the lost earnings and the loss she suffered from not benefiting from the amount.
In the details, a girl filed a lawsuit against a young man, at the end of which she demanded that he pay him 100,000 dirhams and compensation in the amount of 50,000 dirhams, and oblige him to pay fees and expenses, noting that she lent the defendant 100,000 dirhams as a debt, provided that the amount is returned in installments. Monthly with profit, and she drew a trust receipt for that, but he did not commit to refunding the amount according to the agreement, and I attached a document to her claim, a photocopy of a trust receipt with her signature.
During the consideration of the case, the plaintiff attended and was interrogated about the reason for the trust bond. She decided that she had handed over the defendant the amount of 100,000 dirhams in cash, provided that he would return it in monthly installments over a period of 60 months, and that was in the month of 6 of 2018, and that since then he has disappeared and has closed all His mobile phones, while the defendant did not attend despite his announcement, while the court decided to direct the complementary oath to the plaintiff, so I swore to him in the form “I swear by Almighty God that I demand the defendant 100 thousand dirhams, which I handed to him for his investment, provided that he returns it to me in addition to monthly profits of 1,700 dirhams, and that he owes what She still occupied me with the entire amount mentioned in advance, and he did not pay it or part of it, and God is a witness to what I say.
For its part, the court clarified in the merits of its judgment that, according to the Civil Transactions Law, the creditor must prove his right and the debtor may deny it, noting that it saw in the trust document presented in the case what constitutes preliminary evidence but is not sufficient to form its belief as it does not explain the reason for the transaction that took place between the two parties Litigation, and the court decided to direct the complementary oath to the plaintiff, who had taken the oath according to the specified formula. Accordingly, the case would have been established before the court and the defendant’s preoccupation with the amount of 100,000 dirhams in favor of the plaintiff proved correct, in addition to the defendant’s failure to appear before the Judicial Council despite his legal declaration and This is to express his defense or any defenses to dismiss the case.
Regarding the request for compensation in the amount of 50 thousand dirhams, the court indicated that it was proven that the defendant had failed to implement his obligation to fulfill the value of the loan, with which there was an error necessitating liability in his right. Whoever earned and lost from her not benefiting from the aforementioned amount, as well as her feeling sad that his right was not met, and the court considers in the amount of 5,000 dirhams redress for all damages, and the court ruled to oblige the defendant to pay the plaintiff an amount of 100,000 dirhams and compensation in the amount of 5,000 dirhams For all damages, and obligating him to pay fees and expenses.
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