The “Appeal” upheld the ruling of the Court of First Instance

Obligating two women to compensate a man with 30 thousand dirhams for entering his house without his consent 

The Court of Appeal made it clear that the general principle is that all decisions of courts of first instance are subject to appeal.

From the source

The Court of Appeal upheld a ruling of the Abu Dhabi Court for Family and Civil and Administrative Claims, obligating two women to pay a man 30,000 dirhams, for entering his residence against his will. The court ruled that the appeal was not allowed.

The details of the case refer to a man filing a lawsuit against two women, in which he demanded that they pay him an amount of 30,000 dirhams in compensation for the material and moral damages he sustained, in addition to obligating them to pay fees and expenses and in return for attorney’s fees, noting that the two defendants entered his house against his will, and were convicted of entering his home The court punished them with a fine of 3,000 dirhams each, and 2,000 dirhams as temporary civil compensation.

The court clarified in the merits of its ruling that it was clear in the papers that the mistake made by the two defendants entered the plaintiff’s house against his will, and they were convicted under the same error on which the plaintiff relied in filing the present case. The occurrence of the act constituting the common basis between the criminal and civil lawsuits and in the legal description of this act and its attribution to the perpetrator.

The court indicated that it is decided, according to the Civil Transactions Law, that every harm to others obliges the doer, even if he is not distinguished, to guarantee the damage, pointing to the availability of the elements of tort responsibility, as the defendants’ fault is fixed under the penal ruling, and the plaintiff incurred material damages represented by going to the police station. To open a report, transportation, and assault on the sanctity of his home and privacy, and a feeling of sadness and sorrow befall him, and accordingly, the compensation is estimated by the court, with its authority in this, to complement the temporary compensation stipulated with a final compensation of 30,000 dirhams after deducting 1,000 dirhams as temporary compensation, which is sufficient to redress the damages incurred by the plaintiff. Material and moral, the defendants are obligated to pay it to the plaintiff, and the Court of First Instance decided to obligate the defendants to pay the plaintiff an amount of 29,000 dirhams to complete the punitive compensation set forth above, while obligating them to pay fees and expenses.

The defendants were not satisfied with this court, so they lodged their appeals and requested the annulment of the ruling issued by the court of first instance, and the judiciary rejecting the case and in precautionary amendment of the ruling of the first instance so that the scope of the claim in question should be 20,000 dirhams and deduction of the temporary compensation awarded in the criminal case in the amount of 4,000 with obligating the appellee to pay fees Expenses and attorney's fees for the two degrees of litigation.

For its part, the Court of Appeal clarified that the general principle is that all judgments of the courts of the first instance are subject to appeal, unless there is a legal text preventing the appeal, noting that Article (30) of the Civil Procedures Law excluded from this principle the judgments of the partial circuits if the value of the case was Not exceeding 50 thousand dirhams.

The court indicated that when the appeal is based on the judiciary with more than what the litigants requested, which is not one of the reasons specified by the law to appeal the final judgments, but the way is to take the procedures to seek reconsideration before this judgment, and it has become final through the doors of the court of first instance by requesting the correction of what was wrong with its previous judgment From material arithmetical errors, if any, which is the matter with which the court decides that the appeal is not allowed to be considered because the judgment issued in it has ended.

• The defendants' fault is established under the penal judgment, and the plaintiff has sustained material and moral damages.

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