The Abu Dhabi Court rejected the case for lack of evidence

An employee asks her colleague for 1.2 million dirhams as a good loan

The Abu Dhabi Court for Family and Civil and Administrative Claims rejected a lawsuit filed by an employee claiming to lend her co-worker 800,000 dirhams, and demanded him return the amount in addition to 400,000 dirhams in compensation for the loss and missed earnings. Prove the fact of the loan or advances.

In the details, an employee filed a lawsuit against her co-worker, demanding that he pay her 1.2 million dirhams, noting that she and the defendant had a collegial relationship, and this relationship was strengthened to the point where they consulted each other in their business and trade.

She added that her colleague complained to her that he was going through financial hardship and asked her to help her with an amount as a good loan until she gets out of that crisis. For the loss she suffered and the gain she missed in the amount of 400,000 dirhams, she attached a document to her claim of photocopies of receipts for cash deposits, her bank statement, and messages via "WhatsApp".

The defendant submitted a reply memorandum in which he denied everything that was stated in the lawsuit and denied the documents on which the plaintiff relied in her lawsuit, noting that the transfer receipts are duplicate and most of them do not show data, and that the amounts shown in the documents submitted are not equal to the amounts claimed by the plaintiff. The existence of a trade between him and the plaintiff in the field of perfumes, and the plaintiff does not want to bear the loss with him, and he requested that the lawsuit be dismissed for lack of validity and evidence.

The court stated in the merits of the ruling that, according to the Civil Transactions Law, it is decided that the origin is clear of liability, and that the creditor must prove his right and the debtor has to deny it, noting that the employee claimed that the defendant, with whom she had a collegial relationship, requested his financial assistance and lent him some sums, so she lent him 800 One thousand dirhams, and the defendant denied everything that was mentioned in the lawsuit and argued that there was trade between them and that she did not want to share in bearing the loss.

She indicated that it is established in the papers that the plaintiff transferred sums of money to the defendant, and the burden of proving her claim rests on her, but she did not provide any evidence of the fact of the loan that she claimed, and the papers were devoid of any evidence that the defendant requested to lend him a sum of money, and her statements were sent without proof or evidence.

She added that just as it was proven that the plaintiff transferred sums of money to the defendant, this fact indicates the transfer of money, but it does not prove the reason for the claim and the type of transaction that took place between the two parties to the dispute, according to which the money was transferred to the defendant, and the fact of the loan is not proven, especially since the defendant argued that there was an agreement Accordingly, the lawsuit lacked evidence to prove its validity and was based on no basis from reality and law, and decided to reject the lawsuit and obligate the plaintiff to pay the lawsuit fees and expenses.

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