The Court decided to direct the complementary oath to the plaintiff

A young man exploits a girl and seizes 44 thousand dirhams

The “Court” obligated the defendant to pay the plaintiff 44,000 dirhams and 3,000 dirhams in voluntary compensation.

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 A young man borrowed 44,000 dirhams from a girl in installments, and evaded payment. The Abu Dhabi Family and Civil and Administrative Claims Court ruled to oblige the young man to return the amount, in addition to obligating him to pay 3,000 dirhams in compensation to the girl.

In the details, a girl filed a lawsuit against a young man, demanding that he pay her an amount of 44,000 dirhams and the legal interest at 12% from the date of filing the lawsuit until full payment, and a material and moral compensation of 10,000 dirhams and obligating him to pay fees and expenses and in return for attorney fees, indicating that she lent the plaintiff. He has to pay the amount of the claim as an advance on payments through transfers from her bank account to his account, and when he asks him to return the amount indicated in advance, she has delayed paying it, and a document for her claim has attached photocopies of bank transfer receipts, in addition to a bank statement and conversations via the social networking program “WhatsApp”.

During the consideration of the case, the defendant submitted a reply memorandum in which he argued that he lacked local jurisdiction over the case, as his place of residence was in Al Ain and demanded that the case be dismissed, while the court ruled to direct the complementary oath to the plaintiff, so I swore to her in the form of “I swear to God Almighty that I demand the defendant for the amount of 44,000 dirhams, which was It is an advance from me to him, and that his debt is still occupied with me for the entire amount mentioned in advance, and he has not paid it or part of it.”

For its part, the court, in the merits of its ruling, rejected the defendant’s plea that the court had no jurisdiction over the case, noting that the defendant did not prove that he resides in the city of Al-Ain and that his place of residence is in that city, and that the court, after reviewing the system, found that the defendant’s place of residence Abu Dhabi, and then the jurisdiction of this court falls, and the defendant’s payment was unsubstantiated and must be rejected.

The court indicated that it had seen in the messages of the social networking program “WhatsApp” submitted by the plaintiff what constituted preliminary evidence, but it was not sufficient to form its belief that these messages did not explain the value of the debt and the treatment that took place between the two parties to the dispute, pointing out that it directed the complementary oath to the plaintiff and has I took the oath in accordance with the specific form, and accordingly, the case will be established and the defendant's preoccupation with the amount of the claim in favor of the plaintiff has been proven correct.

As for compensation, the court confirmed that every harm to others obliges the doer, even if he is not distinguished, to guarantee the damage, noting that the plaintiff, as a result of seizing her money with the defendant and procrastinating in the payment of the person owed, has suffered damage represented in the loss of gain and loss incurred by her not benefiting from the amount The aforementioned, in addition to her feeling sad that her right was not fulfilled, and the court ruled to obligate the defendant to pay the plaintiff an amount of 44,000 dirhams and a compelling compensation for all damages in the amount of 3,000 dirhams, and oblige him to pay fees and expenses.

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