Juma Al Nuaimi (Abu Dhabi)
The Abu Dhabi Court of Cassation decided, in a dispute case between a creditor and debtor, to reject the complainant’s request, explaining that there is no evidence, or any proof, of the validity of the complainant’s claim about a young man’s debt of 397,000 dirhams, and that he will pay it on the date agreed upon between the two parties, pursuant to Article 183/1. of the Code of Civil Procedure.
A complainant had filed a lawsuit against a young man from whom he owed 397,000 dirhams to the court, demanding that he be obligated to pay a total, what he received from her as a debt he owed and did not pay it with legal interest, at a rate of 9% annually on the amount claimed from the date of the judicial claim until full payment, and obligating him to pay the fee Expenses and attorney’s fees.
In view of the foregoing, the court ruled in a consultative chamber that the appeal was not accepted, and obligated the complainant to pay the fees and expenses, and ordered the confiscation of the insurance, and made it clear that what the complainant denounced may not be raised before the court.
In another case, the Abu Dhabi Court of Cassation ruled to oblige a business agent to pay the owner of a (complainant) company 44,000 dirhams, according to the reasons and expenses, in return for embezzling the cash amount shown in the papers and owned by the complainant, intending to harm the right holders and delivered to him by the agency, pursuant to Article 55 2.1 of the Regulations of the Civil Procedures Law.
A complainant, after she had taken the path of conciliation and reconciliation with her agent, had subsequently filed a case against him for embezzling funds estimated at 44,000 dirhams, demanding that he be obligated to pay the amount, in addition to fees and expenses.
The court explained that it was established after reviewing the identification papers that the young man was convicted of embezzling the cash amount shown in the papers and owned by the complainant, and harming the right holders and handed over to him by agency. Hence, this criminal judiciary is a chapter on the common basis between the civil and criminal lawsuits and the legal description of them and their attribution to the perpetrator, which is that the agent has embezzled the cash amount shown in the papers and owned by the complainant, intending to harm the right holders and delivered to him in the form of agency.
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