Opening his own school

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

The Civil Court of First Instance in Khorfakkan obligated a Gulf citizen and a local department to jointly pay two million and 800,000 dirhams in compensation for the damages caused to 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.

In detail, eight plaintiffs held a litigation according to a newspaper deposited in the Case Management Office of the Khorfakkan Court, at the end of which they requested a ruling to delegate a specialized expert from the experts of the Ministry of Justice whose task is to move to the competent authorities in Khorfakkan to indicate whether a plot of land in the city of Khorfakkan has been allocated in the name of their school from Or not, given that their nominal sponsor took advantage of the school's name to open another of his own without their knowledge.

The court issued a decision assigning a real estate expert to verify that the defendant submitted an application to a government department to obtain land for the benefit of the private school that was its sponsor, and to indicate the date of submission of the application and the procedures and conditions that must be met to obtain land for the school.

The court authorized the engineering expert to move to the first plaintiff, which is the private school in which the defendant was a fictitious guarantor, and governmental and non-governmental departments and institutions, to see what they had of documents related to the subject of the dispute, and to hear what he saw as hearing from the litigation and their witnesses without taking an oath. The expert submitted 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 considered an agent for local services and 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 that is not suitable for a school, and must comply with modern requirements and specifications, and accordingly he obtained approval for his request, and allocated a plot Land with restrictions placed on its disposal by sale, mortgage, seizure, transfer, assignment or arrangement of concession rights on it 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 invalidate the transfer of the plot of land granted to the first school to the name of the defendant, and to invalidate the procedures subsequent to this transfer of the issuance of the land title deed, and to oblige the defendants to return the land on which the defendant’s school was built to the first school with their obligation to hand over the land free of vacancies, people and buildings .

The court ruled 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 In return for attorney's fees, and refused the requests in excess of that.

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