The court refused to re-register it in his name

A young man sells a Porsche for a check without balance

The Abu Dhabi Court of First Instance rejected the lawsuit of a young man demanding to re-register a car in his name after he sold it to a fraudster and discovered after registration that the check was the price of the car without balance, and that the buyer had impersonated his brother who had left the country.

The court indicated that the papers were blank indicating that the car is still registered in the name of the defendant's brother.

The details of the case are due to a young man filing a lawsuit demanding the nullity of the sale of the car for 100 thousand dirhams and the type of Porsche Cayenne, returning the car to its original owner (the plaintiff) and obliging the second defendant to take the necessary measures to re-register the car in his name, while obliging the first defendant to pay fees and expenses And for a fee.

He explained that he offered his car for sale, the first defendant presented to him and handed him a check in exchange for its value, and the plaintiff transferred its ownership in the name of the defendant, and upon applying for cashing the check, it was found that he had no balance, so he reported that, and it turned out later that the defendant had assumed the identity of his brother who left the country Some time ago, a criminal conviction was issued against him.

During the hearing of the case, the plaintiff and the second defendant attended, the first defendant was absent, and the plaintiff stuck to his requests to transfer the car ownership back to him, while the court indicated that the plaintiff had previously filed a complaint before the competent authorities against the first defendant, and he was referred to the criminal trial and a conviction judgment was passed against him. It also ruled in it obliging the first defendant to pay the plaintiff an amount of 21 thousand dirhams as a temporary compensation, and this ruling became final and final.

The court affirmed in the merits of the verdict that the burden of proving the claimed right falls on the one who adhered to it, and that proof in civil matters the judge’s position in them is negative, as he receives evidence of proof and denial without interfering with it or drawing the attention of the litigants to the requirements of their defense.

She indicated that the plaintiff, in accordance with his final requests, was requested by the judiciary to invalidate the sale contract and re-register it in his name, and that the papers were devoid of evidence that the car is still registered in the name of the brother of the first defendant, and the plaintiff decided that the car had been transferred to another emirate and did not provide evidence that he had not The car is transferred in the name of a person who is not in good faith despite addressing the court in accordance with the plaintiff’s request to the Traffic Department and the court’s authorization for him to receive the response, and assigning him to follow up the address. The court determines his final requests, and his adherence to the request to re-register the car in his name, and the court ruled rejecting the case in its condition and obligated the plaintiff to pay the expenses and fees.

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