The court dismissed the case for lack of evidence

A young man asks his friend to pay his bank card dues

A young man demanded his friend to pay the sum of 96,730 dirhams, which he withdrew for his benefit from his bank card, and he did not commit to paying it.

In the details, a young man filed a lawsuit against his friend, demanding that he pay him 96,730 dirhams and compensation for the damages he sustained in the amount of 30,000 dirhams and legal interest, and obligate him to pay fees, expenses and attorneys’ fees, explaining that his friend was going through financial hardship and by virtue of the friendship between them handed him his bank card. To manage his affairs, the friend pledged to pay the value of the money he would withdraw, and as a result, the defendant made several cash withdrawals amounting to 96,730 dirhams, and he did not take the initiative to pay them as he pledged, and when he was asked to pay, he kept procrastinating.

The plaintiff attached a document to his claim consisting of photocopies of e-mails via social media programs “WhatsApp”, an untranslated bank account statement, and untranslated bank messages, while the defendant submitted a reply memorandum that included an untranslated bank statement.

In the ruling, the court stated that, according to the Evidence Law, “the plaintiff must prove his right and the defendant has to deny it,” noting that the plaintiff is the one who bears the burden of proving his claim, and to prove his claim, he submitted pictures of messages via social media (WhatsApp) claiming that it took place between him and him. The defendant, other than that, did not provide any other evidence.

The court indicated that by reviewing those letters, it was found that what was stated in them did not prove the reality of the transaction that took place between the two parties to the litigation and did not prove the fact of the debt or advances claimed by the plaintiff, and there was no express acknowledgment in them by the defendant that he owed the amount subject of the lawsuit from the plaintiff, pointing out To the fact that the papers are empty of evidence proving the fact of the debt and advances, and evidence of the defendant’s commitment to return the amount, in addition to the fact that the bank account statement issued by a bank is in English and is not considered by the court. He changed a document from reality and the law, and the court ruled to reject the case in its case and obligated the plaintiff to pay fees and expenses.

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