The court ordered her to pay 1.9 million dirhams

An employee takes advantage of her colleague's travel for a liver transplant and sells his apartment

The Abu Dhabi Court of Appeal upheld a ruling of the Court of First Instance that obligated a woman to pay her co-worker one million and 949,000 dirhams, after she took advantage of a power of attorney issued to her by the plaintiff while he was traveling abroad for treatment of liver cirrhosis, and sold an apartment she owned and did not pay him for it.

In the details, a man of the nationality of an Arab country filed a lawsuit in which he demanded to oblige his co-worker to pay him for the price of the apartment that she sold under the agency in the amount of one million and 700 thousand dirhams, in addition to the delayed interest, and obligating her to pay him an amount of 99 thousand dirhams for A rent for the apartment, in addition to an amount of 150 thousand dirhams in compensation for the material and moral damage he sustained, in addition to obligating her to pay fees and expenses and in exchange for attorneys' fees.

He indicated that he owned an apartment in the Emirate of Abu Dhabi, and after suffering from acute cirrhosis of the liver, he was forced to return to his home country to perform a liver transplant, and due to the high costs of his treatment, he decided to sell his apartment in order to secure sufficient money for the operation, and he assigned the defendant as his colleague the task of selling The apartment is to send its price to him when selling, pointing out that she asked him to transfer the ownership of the apartment to her fictitiously so that she can sell it quickly.

He pointed out that the defendant informed him via WhatsApp messages that his colleague sold the apartment for an amount of one million and 700 thousand dirhams, but she did not transfer the amount to him and did not send him the rent value of the apartment before selling it, which amounted to 99,000 dirhams, while the defendant filed a lawsuit She demanded to oblige the original plaintiff to pay her 186,000 dirhams, noting that she had bought the apartment from the plaintiff for one million and 600,000 dirhams and did not pay the amount due to the presence of financial accounts between them.

The Court of First Instance ruled to oblige the defendant to pay the plaintiff for the price of the apartment that she sold under the agency in the amount of one million and 700 thousand dirhams in addition to the delayed interest at the rate of 4% from the date of the claim until full payment, and obligating the defendant to pay the plaintiff an amount of 99 thousand dirhams for Renting the apartment, and obligating the defendant to pay the plaintiff an amount of 150,000 dirhams as compensation for the material and moral damage he sustained as a result of his money being confiscated and depriving him of benefiting from it, in addition to obligating her to pay fees and expenses and in exchange for attorneys’ fees.

The defendant was not satisfied with the verdict, so she instituted her appeal and demanded that the appealed ruling be rescinded, the judiciary again amending the appealed ruling in what was decided in the first clause, and the judiciary again obligating her to pay to the respondent an amount of one million and 620 thousand dirhams, the value of the apartment that the appellant had purchased in accordance with the sales contract and the annulment of what was decided In the appealed judgment in the second and third items, and the judiciary rejected them.

The appellant pointed out the error of the appealed judgment in the application of the law, as it ordered her to pay the respondent an amount of one million and 700 thousand dirhams, and the basis of his judgment on the sham lawsuit, which is not permissible to prove sham in contracts except in writing, and the papers were empty of what indicates the existence of an apparent contract and a hidden contract, and that the contract issued in Between them is one contract registered with the competent authorities, and it is established that the price of the apartment is one million and 620 thousand dirhams, which is the amount that the Court of First Instance had to eliminate for not paying the appellee this amount, in addition to the fact that the appellant’s requests did not include the invalidity of the issued sales contract, between them, but were His requests are to implement the terms of the contract and pay the value of the apartment. In addition, the appealed judgment obligated her to pay the amount of 99,000 dirhams of the rent of the apartment to the appellee, even though she is the owner of the apartment in dispute under the title deed documented and registered with the municipality and has the right to usufruct and receive the rent value.

For its part, the Court of Appeal clarified, in the merits of its ruling, that the court of the first instance had been subjected to adjudication in the present litigation and that it was established in the papers and through the acknowledgment of the two parties to the case that the respondent owned an apartment and due to his health conditions, he worked as two agencies, the first in general and the second specific to the issue of selling the apartment in dispute to the Appellant. Provided that you send the price of the sale upon sale, and in order to facilitate and complete the procedures for selling the apartment, the appellant requested from the plaintiff to transfer the ownership of the apartment to her at the municipality and the competent authorities. And confirmed that she had not paid the value of the sale.

The court rejected the appellant’s awareness of the error of the appealed ruling in the application of the law by obligating her to refund the amount of 99,000 dirhams in exchange for the value of the apartment rent, pointing out that the appellant is merely an agent for the appellant in selling and leasing, and the court of first degree ended with a sham contract of sale between the two parties, and the court decided to accept The appeal was in form and in the matter by rejecting it and confirming the appealed judgment and obligating the appellant to pay the expenses.

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