A resident loses 658,000 dirhams in a fake project with a friend

A man accused his friend of fraud and seizing an amount of 658,200 dirhams, after he deluded him into participating in a project to buy cars from abroad and resell them in the country. .

In the details, a man of Arab nationality filed a lawsuit against a friend of his, demanding that he be obligated to pay him an amount of 658,200 dirhams, and the legal interest at 12% of the claim's due date, and an amount of 20,000 dirhams in compensation for the damages he sustained, indicating that the plaintiff Accordingly, he asked the plaintiff to enter into a commercial partnership with him, “buying cars from abroad,” which called for him to transfer sums of money through his account in one of the banks operating in the country, amounting to the value of the claim. The amount was delayed and he did not take the initiative to deliver it, and he supported his claim in the form of a bank statement, the identity and residence of the defendant, while the defendant did not appear during the hearing of the case despite his legal declaration.

For its part, the court clarified in the rationale for its ruling, that it is legal for the plaintiff to prove his right and the defendant to deny it, as the burden of proof falls on the plaintiff and that he is legally entrusted with proving his claim and providing evidence that confirms what he claims, and that the trial court is not obligated to assign the opponent Providing evidence of his defense drew his attention to the requirements of this defense.

The court indicated that it is established that the plaintiff instituted his lawsuit to claim the amount of 658 thousand and 200 dirhams, based on the fact that the defendant received it from him through a number of bank transfers, but that the lawsuit papers were devoid of evidence of indebtedness, and the court found nothing from him except for the transfer of funds by the plaintiff to the plaintiff. Accordingly, he pointed out that the plaintiff is in charge of proving his claim and establishing evidence for what he claims, and he did not provide evidence for that. The documents submitted with him are insufficient to prove the subject matter of the case, except for the transfer of funds and depositing them in the name of a person. The papers were also devoid of any evidence to support the plaintiff in his claims regarding His entitlement to the amount claimed, and the plaintiff did not request any method of proof, and thus he has established his claim on statements sent that have no evidence from reality, and the court ruled to reject the case in its case and obligated the plaintiff to pay fees and expenses.

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