He left the country after completing his services and authorized it to receive the check from his workplace

The Abu Dhabi Appeal requires a woman to return 152.4 thousand dirhams to her brother

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The Abu Dhabi Court of Appeal ordered a woman to return 152 thousand and 456 dirhams to her brother, the remainder of the value of his end-of-service pay check, which she disbursed under an official power of attorney, and refused to transfer it to him, and the court canceled the first-degree judge's ruling rejecting the case.

In the details, a former employee filed a lawsuit against his sister, demanding the ruling obligate her to pay him the sum of 216 thousand and 800 dirhams, and the late interest from the date of filing the lawsuit until the full payment, indicating that he was working in a government agency in Abu Dhabi, and his services were terminated. To return to his country, he assigned his sister under a special agency to complete the procedures for collecting his financial dues and sending them to him, and after the defendant received a check from his employer for 252 thousand and 800 dirhams, she made a bank transfer from her personal account to his account amounting to 36 thousand dirhams, and she refused to transfer the rest of the amount, And the amount of 216 thousand and 800 dirhams, while the court of first instance decided to dismiss the case in its status, and obligated the plaintiff to pay the expenses.

The plaintiff did not accept the judiciary, so he appealed the appeal, and submitted a request note at its conclusion to accept the appeal formally, and in the matter to annul the judgment, and the judgment again for him with all his requests, blaming the judgment for its error in applying the law, its failure to cause it, the corruption of its reasoning, and the failure to inform it of the facts of the case in detail. The Court of Appeal decided to refer the appeal to the expertise.

The experience report indicated that the check was issued by the employer in favor of the appellant in the amount of 252 thousand and 800 dirhams, and it was disbursed by his sister (the appellant) under an official power of attorney, and that she transferred 50 thousand dirhams to her brother's account. The sister also stated that she paid compensation amounts to a family that filed a lawsuit Against her brother, the "appellant", who was convicted because of her and was imprisoned, where she deposited 5,000 dirhams to his account in prison, pointing out that the net amount owed to the appellant in the custody of the appellant is 188,725 dirhams.

For its part, the court clarified in the merits of its ruling that the appellant's awareness of the judgment was that he had made a mistake in applying the law, as he had not ruled for what it was proven that the appellant had received it on his behalf, and had not paid it to him, is considered a clear obituary, indicating its confidence in the determination of experience and the integrity of the foundations On which he relied, and the expert concluded that the appellant had received on behalf of the appellant, and based on a power of attorney issued by him for her, a check amounting to 252 thousand and 800 dirhams, and that she cashed the check, and that the appellant did not deny these facts, and accordingly, the court adopts what the expert reached However, she does not agree with the expert on his final conclusion.

The court indicated that it was proven that the appellant paid part of the check value, which was the amount of 50 thousand dirhams, and the amount of 5000 dirhams for the inmate (the appellant), in addition to the amount of 5175 dirhams deposited in the appellant's account, in addition to 36 thousand and 269 dirhams the appellant admitted that the appellant was against it I sent it to him, in addition to the cost of shipping belongings in the name of the appellant from the state to his homeland, what must be deducted from the value of the check, and the court decided to cancel the ruling, and the judgment again obligating the appellant to pay the appellant 152 thousand and 456 dirhams, and obligating the appellant to pay all expenses lawyer's charge.

The court indicated that it was proven that the appellant paid part of the value of the check.

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