The "Civil of Ras Al Khaimah" ruled to compel the defendant to pay its price to his seller

Tess for 19 thousand dirhams leads two people to court

“Partial Civil” obligated the defendant to pay the plaintiff 19,000 dirhams with annual legal interest of 6%.

From the source

A dispute between two Gulf people over a goat (a stallion) amounting to 19,000 dirhams led to the court after the defendant refused to hand over the value of the stallion to the plaintiff after purchasing it. % from the date of issuance of the judgment until full payment, and obligated him to pay expenses and attorney fees.

In detail, the plaintiff stated in the lawsuit sheet that he assigned the defendant to sell the stallion at a value of 19,000 dirhams, as he is running a public auction in which the animals offered for sale are sold through him and the animals are examined before being offered for sale and the owner is discharged. In the event that his illness was proven, his price was refunded, and he continued that the defendant sold the stallion without handing over its price to him.

He explained that the defendant exceeded the period allowed to ensure the safety of the animal, which confirms the safety of the sale. However, the defendant refused to allow him the price and told him after 28 days that the stallion is sick and asked him to pick it up.

The defendant’s agent requested not to accept the lawsuit to file it with a non-qualified person because his client did not buy the stallion from the plaintiff, but his role and others were limited to conducting auctions for sheep, and he is only an intermediary and that whoever bought the stallion is another person, and it turns out to him that he has a disease during his examination, and it is not permissible Consequently, his client litigated, as he argued that the sale was not valid due to the proof of the stallion's illness, and he held that the case was not valid and substantiated.

The plaintiff's attorney confirmed the validity and proven sale of the stallion, and that the stallion was not infected with the disease, and the expiry of the option period known to traders, which is set at seven days to return the stallion.

The operative part of the Civil Court stated that the certificate issued by the medical examination confirms that the stallion is not infected with the disease and that it was sold to the buyer for a value of 19,000 dirhams, but after conducting an examination it was found that he had the disease.

She indicated that as long as it was proven to the court that the defendant received the stallion from the plaintiff to sell it and the buyer acknowledged his purchase from the defendant at the same price and returned it to him after it was found that he had been ill without proving to the court that the stallion he received from the plaintiff was sick, the defendant is required to return the selling price to the plaintiff, which is 19 One thousand dirhams, as long as he does not initiate the sale or return the thing sold within the specified deadlines.

She added that the defendant's claim that the stallion is sick is unsubstantiated, because what is proven in the papers is that he is free of disease, and the court considers that the defendant is obligated to hand over to the plaintiff the price of the stallion that he authorized to sell as long as it is proven that it was sold and refused to enable him to pay its price or return it within the specified deadlines, as It tends to obligate the defendant to pay the plaintiff an annual interest of 6% from the date of issuing the judgment until the full payment.

Accordingly, the court orders the defendant to pay the plaintiff 19,000 dirhams with annual legal interest of 6% from the date of issuance of the judgment until full payment, and obligates him to pay expenses and attorney fees.

• The defendant exceeded the period allowed to ensure the safety of the animal, which confirms the safety of the thing sold. 

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