A woman asks her ex-husband to return her car

Al-Ain Court of Appeal upheld the ruling of the Court of First Instance to compel a man to hand over a vehicle to his ex-wife, who had unlawfully seized it.

In the details, a woman filed a lawsuit demanding that her ex-husband be obliged to hand her a car valued at 5,000 dirhams and oblige him to bear a violation of 75 dirhams, in addition to fees and expenses and in return for attorney’s fees, noting that the defendant seized her private vehicle without any legal justification, and submitted a copy of a license to her claim. vehicle.

The defendant submitted a reply memorandum in which he confirmed that he was the actual owner of the vehicle and requested to hear witnesses, and indicated that he had documents proving his ownership of the car when buying it, according to the ownership certificate issued by the relevant authorities, which bears his name, but then he transferred the ownership of the car fictitiously to the name of the complainant when she was his wife.

During the court's hearing of the prosecution and denial witnesses, the defendant intervened in the testimony of the prosecution witness he had brought, which prompted the court to end the investigation process and hear the testimony.

In the ruling, the court confirmed that, according to reading the vehicle’s license, the vehicle is registered in the name of the wife, and then she is the actual owner of the vehicle, and the defendant’s registration of the vehicle in the name of the plaintiff in the name of the plaintiff does not affect this, as he did not prove his agreement with her to transfer the vehicle’s record to Her name, and he did not ask the plaintiff to swear an oath on her ownership of the vehicle.

The court of first instance decided to oblige the defendant to hand over the vehicle to the plaintiff, and obligated him to pay the expenses and the attorney’s fees, and rejected the other requests, and this judiciary was not accepted by the defendant, so he decided to appeal the judgment, and the court decided to reject the appeal and uphold the judgment of the court of first instance.

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