The Al Ain Court of First Instance dismissed a girl’s case, in which she demanded a young man return 20.7 thousand dirhams, which he had borrowed from her, after the defendant took a decisive oath not to be distracted from his obligation to the amount of the claim.
In the details, a girl filed a lawsuit against a young man, in which she demanded that he pay her an amount of 20 thousand and 700 dirhams, while obligating him to pay fees and expenses, and directing the decisive oath to the defendant.
The girl explained that the defendant borrowed an amount of 21,700 dirhams from her, of which he paid 1,000 dirhams, while the amount of the claim remains in his debt, noting that he was late in paying despite the passage of three years.
And the court decided, before adjudicating the matter of the case, to direct the decisive oath to the defendant, so he swore it in the form: “I swear by God Almighty that my debt is not occupied by the plaintiff with an amount of 20 thousand and 700 dirhams, and that I did not undertake to pay and return the aforementioned amount to her, and God is a witness to what I say.”
In the reasons for its ruling, the court stated that it is permissible for each of the two litigants, in any case in which the case is, to direct the decisive oath to the other litigant, provided that the incident on which the oath is based is related to the person to whom it is directed, even if it is not personal to him, it is based on his mere knowledge of it, pointing to That the plaintiff filed a lawsuit against the defendant to claim the amount of 20 thousand and 700 dirhams delivered to him as a loan.
The court added that the plaintiff relied on the conscience of the defendant and directed him to the decisive oath, whereby he swore not to preoccupy his debt to the plaintiff with the amount claimed by way of debt, and then the decisive oath would have settled the dispute by proving that the defendant’s debt to her was not preoccupied with the amount claimed, and the case would be It lost its legal basis, and the court ruled to dismiss the case as stated with the reasons, and obliged the plaintiff to pay the expenses.
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