Al-Ain court upheld the acquittal

A man demands a woman for 220 thousand dirhams after he cleared her

Al Ain Court of First Instance ruled that a woman was acquitted, who was demanded by a man to pay him 220,000 dirhams in the value of a trust receipt dated 2013.

In the details, a woman filed a lawsuit against a man who demanded that the receipt of the trust mentioned in the acknowledgment of the discharge is the same as the indebtedness deed, “the trust receipt” in the amount of 220,000 dirhams dated in 2013 with obligating the defendant to pay fees and expenses, noting that she owed the defendant an amount of 633,000. And 356 dirhams, the value of three checks, and the trust amounted to 220,000 dirhams. The defendant asked for a reply memorandum to dismiss the case and, in precaution, refer the case for investigation.

The court stated in the merits of the ruling that it is established according to the Civil Transactions Law that if the creditor voluntarily releases his debtor from his right over him, the right has expired, and it is also established in the same law that release is valid only from an existing debt and may not be from a future debt, noting that the established Among the papers, the defendant owed the plaintiff an amount of 220,000 dirhams under a trust receipt dated 2013, and gave the plaintiff a declaration exonerating her of any amounts, whether checks or trust receipts, and it was judged that she had signed the acquittal declaration issued by the defendant.

The court confirmed that it was proven that the defendant absolved the plaintiff from the trust receipt of the case document, and the defendant’s decision that his signature had been obtained while he was unconscious or under the influence of narcotics was not affected, as he did not provide evidence to that effect.

The court rejected the defendant’s request to refer the case for investigation, noting that the trial court has the full authority to understand and collect the case, and that it is not obligated to answer the litigants to what they ask of referring the case to investigation, when the case papers have included enough to form its belief in the facts What is required to be raised or denied, and the court acquitted the plaintiff of the trust receipt dated 2013, with a value of 220,000 dirhams, and obligated the defendant to pay expenses and attorneys’ fees. 

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