The “Appeal” upheld the rejection of the case

A commercial agent requests 121,000 dirhams in compensation for a malicious report

The court confirmed that the appellant had submitted his criminal complaint in use of his right.

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The Abu Dhabi Court of Appeal upheld a ruling of the Court of First Instance, which rejected a compensation claim brought by a commercial establishment agent against the owner of the establishment, in which he demanded to obligate him to pay him 121,868 dirhams in compensation for a malicious complaint he submitted against him.

In the details, an agent of a commercial establishment filed a lawsuit against the owner of the establishment, in which he demanded to oblige him to pay him an amount of 121,868 dirhams, as compensation for the material and moral damages he sustained, as a result of the defendant submitting a false and malicious communication against him, and obligating the defendant to pay him interest. Legal at the rate of 12% from the date of issuance of the judgment until full payment, and obligating him to pay fees and expenses and in return for attorney’s fees.

The plaintiff appealed the verdict, noting the verdict in violation of the evidence established in the papers, and the statements it contained for the appellee showing his certain knowledge, and his intention to harm the appellant by filing a criminal report against him, knowing that the statements he relied on were incorrect, indicating that he did not refuse to hand over the commercial establishments and the two agencies. After the end of the agency contract for the one who claimed ownership of it, and he did not take possession of the equipment, cars, furniture and appliances.

The appellant asserted that the appellant had deliberately misled and changed the facts about the ownership of the money and movables allegedly squandered, and the appellant knew that all the properties of the institutions and agencies that are the subject of the management and operation contract are the exclusive property of the appellant, and this is stipulated in the management and operation contract, and he requested to rescind the judgment and again oblige the appellant to pay He has an amount of 121,868 dirhams as a material compensation, and in reserve, he delegated an expert to calculate the compensation for the damage.

While the respondent submitted a reply memorandum in which he affirmed the absence of maliciousness and intent to harm the appellant, and the absence of the element of error, and thus the absence of the elements of tort responsibility, noting that the report of the arithmetic expert showed that the appellant was responsible for returning the institutions of the complainant (the respondent), and the appellant was acquitted for lack of evidence It is not for the absence of the incident that is the subject of the criminal case, and the appeal was sought to reject the appeal, to uphold the appealed judgment, and to obligate the appellant to pay fees, expenses, and attorney fees for the two levels of litigation.

The court explained in the rationale for its ruling that it is legally established that legal permissibility is contrary to the guarantee, so whoever legitimately uses his right does not guarantee the resulting harm, noting that the respondent submitted his penal notification using his right to litigation according to what is guaranteed to him by law and the constitution, and it has not been proven Abusing his aforementioned right, or deviating from it in order to harm the appellant, or in violation of public order or morals, in a manner that he is not asked as a result of his use of his legitimate right according to the legally available means, and the court decided to accept the appeal in form, and in the matter by rejecting it, supporting the appealed judgment and obligating the appellant to pay expenses.

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