A woman filed a lawsuit before the Abu Dhabi Court for Family and Civil and Administrative Cases, requesting that a person (defendant) be obligated to pay her an amount of 31,200 dirhams, and interest at the rate of 12%, as of 6-2-2022, and oblige the defendant to pay fees, expenses, and fees, according to Support from saying that the defendant offered her an apartment for rent in the Emirate of Dubai, and after receiving the amount, he did not respond to the plaintiff, did not hand her the apartment, and did not return the amount to her, which prompted her to file her similar lawsuit, and pictures of conversations were attached via the “WhatsApp” application, and after Preparation completed, the case was referred to the competent department of this court.
The case was deliberated before the court in the manner established by its records, in which the plaintiff was represented by an attorney on her behalf, the defendant in person and an attorney on his behalf, and the latter submitted a response memorandum that the court viewed in which he pleaded the lack of local and state jurisdiction, due to the jurisdiction of the Dubai courts and the Rental Dispute Settlement Committee, and the plaintiff’s representative submitted a memorandum A rebuttal was reviewed by the court and decided to reserve the case for judgment.
The court stated that with regard to the defendant’s appeal of the non-local jurisdiction of the jurisdiction of the Dubai courts, it was proven from the statement issued by the Federal Identity Authority that the place of residence of the defendant is the Emirate of Abu Dhabi, and he did not provide proof that his place of residence is in Dubai, and therefore the court rejects this. Payment, as for the defendant’s claim that the court does not have the jurisdiction to convene the jurisdiction of the Rental Dispute Settlement Committee, since the papers were devoid of evidence that the defendant contracted with the plaintiff, and concluded the lease contract with her, especially since the apartment subject of the lawsuit is located in the Emirate of Dubai, and then this is The payment is the same as the previous one, without a basis that the court rejects.
And she explained that since it was decided in the first article of the Evidence Law that “the plaintiff must prove his right and the defendant has the right to deny it, and the facts to be proven must be related to the case and produced in it, and it is permissible to accept it, and the judge may not rule with his personal knowledge.” The burden of proving the claim of the right is on the one who upholds it, and that proof in civil matters is the judge’s position in it is negative. He receives evidence of proof and denial without interfering with it or drawing the attention of the litigants to the requirements of their defense, and it was decided according to Article 318 of the Civil Transactions Law that “it is not justified A person may take someone else’s money without a legitimate reason, and if he takes it, he must return it.” Also, it was decided according to Article 324 of the same law that “whoever took something unjustly must return it to its owner.” And since that was the case, and the defendant did not deny what the plaintiff decided to receive it. For the amount of 31,200 dirhams for the plaintiff to rent an apartment owned by him, but he came with a faltering defense that was not supported by any evidence, and therefore the court proves to her the validity of what the plaintiff decided in her claim sheet that the defendant received the amount in question from her, and did not enable her to have the apartment, and he did not return this to her The amount, and then the cue Kama ordered him to return to the plaintiff the amount of 31 thousand and 200 dirhams, and obligated him to pay the expenses, fees, and attorney’s fees.
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