Opening his own school

Obligating a Gulf country to pay 2.8 million dirhams in compensation for the exploitation of a fictitious guarantee

The Civil Court of First Instance in Khorfakkan, obligating a Gulf citizen and a local department, jointly, to pay two million and 800,000 dirhams, in compensation for the damages sustained by eight plaintiffs, as a result of using his fictitious guarantee of a private school to obtain land for the establishment of a new school of his own.

Eight plaintiffs held a litigation, according to a newspaper deposited in the case management office in the Khorfakkan Court, at the end of which they requested a ruling to delegate a specialized expert, whose task is to move to the competent authorities in Khorfakkan, to indicate whether a plot of land has been allocated in the name of the school, given that their fictitious sponsor took advantage of The name of the school to open another of its own without their knowledge.

The court issued a decision assigning a real estate expert to verify that the defendant had submitted an application to a government department in order to obtain land for the benefit of the private school that he was sponsoring.

The court authorized the engineering expert to go to the first plaintiff, which is the private school in which the defendant was a fictitious guarantor, and the governmental and non-governmental departments and institutions, and see what they have of documents related to the subject of the dispute. The expert deposited his report to the court, in which it was established that the defendant’s relationship with the school was a “guarantee only.” And renew it, and he is an agent for local services, not the owner of the school.

The expert’s report established that the defendant submitted an official application on the first school letter form to obtain a government plot of land to establish a school, since the current building is a rented residential villa, not suitable for a school, and accordingly he obtained approval for his request, and allocated a plot of land, with restrictions on its disposal. By selling, mortgaging, seizing, transferring, conceding, or arranging concession rights over them without consulting the governmental body granting the land.

The report confirmed that the defendant received the plot of land, and requested to change the name of the beneficiary of the plot of land to register it in his own name, to complete the procedures for licensing the new school, and the title deed of the land was issued in his name, and he established a school that does not include the name of the first school.

The plaintiffs sought a ruling to nullify the transfer of the plot of land granted to the first school to the name of the defendant, and to nullify the procedures subsequent to this transfer, and to obligate the two defendants to return the land on which the defendant’s school was built to the first school, while obligating them to hand over the land free of vacancies, people and buildings.

The court decided to reject the defenses of the parties to the case, regarding the capacity, and the judiciary in their capacity in the case, and to reject the initial payment by the defendants regarding the failure to hear the case for the passage of time, and to oblige the defendants to jointly pay the plaintiffs two million and 800 dirhams, compensation for the damages they incurred, and to oblige them to pay fees and expenses , and 2000 dirhams for attorney's fees, and rejected requests that exceeded that.

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