It ruled that the court of first instance has no jurisdiction

"The Appeals" cancels the compensation for a girl who was insulted via "Facebook"

The Abu Dhabi Court of Appeal canceled a judgment of the Court of First Instance, which decided to compensate a girl in the amount of 20 thousand dirhams, who was insulted by another girl via Facebook, and ruled that the court of first instance had no jurisdiction to hear the case, because the appellant resides in an emirate other than Abu Dhabi.

In the details, a girl filed a lawsuit requesting that the accused be obligated to pay her 100 thousand dirhams in compensation for the material and moral damages that she suffered, while obliging her to pay fees and expenses, for cursing her using Facebook, and she was convicted for that incident under the court ruling in the presence of her being fined 2000 Dirhams with a stay of penalty for three years.

The girl explained that she had suffered material and moral damage to her and her family, which led her to file a lawsuit to demand compensation for those damages, and she provided a basis for her claim: a copy of the criminal ruling and indicating that it was not challenged, and a copy of the police investigation.

The defendant’s attorney submitted a memorandum in which he argued that the court lacked the state and local jurisdiction, and requested the dismissal of the case. The court of first instance of presence obliged the defendant to pay the plaintiff an amount of 20 thousand dirhams, while obliging her to pay fees and expenses, and all other requests were rejected.

The appellant did not accept this judiciary, so she challenged him with the appeal, and her lawyer submitted a commentary note in which he confirmed the claim of lack of state jurisdiction as it is of public order, since the appellant resides in an emirate other than Abu Dhabi.

For its part, the Court of Appeal stated in the merits of its ruling that the appellant had raised, through her lawyer, that the court of first instance had no jurisdiction to hear the case as residing in another emirate, and that the dispute is considered civil, which makes the jurisdiction in session for the courts of the emirate in which she resides, contrary to what the appealed ruling said.

The court confirmed that it is proven from the case papers that the appellant resides in another emirate according to her address contained in the lawsuit journal, and then jurisdiction is held to settle this dispute in the emirate court to which the appellant’s residence belongs, and accordingly the payment is based on reality and the law and the court decides to accept it. The appellant did not comply with this consideration, because he had abstained from the correctness of the law, which had been decided to cancel, and the court ruled to cancel the appealed judgment, and ruled that the court of first instance had no jurisdiction to hear the case.

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