Filed a lawsuit and failed to provide documents

An old friendship cost an Asian 1.8 million dirhams

The Dubai Court rejected the case because the plaintiff was unable to prove the incident.

Photography: Patrick Castillo

An Asian person filed a lawsuit before the Civil Court in Dubai, asking his friend to pay one million and 881 thousand dirhams, on the basis of saying that the defendant took it from him with the intention of investing it for him, but he did not pay him any profits or return the amount to him.

In the lawsuit, the plaintiff said that in light of his friendship with the defendant, he merely transferred the amount to him without signing a written agreement regarding this investment.

After examining the case, the Court of First Instance decided to reject the case, and he appealed the judgment before the Court of Appeal, which upheld the initial judgment, because the plaintiff was unable to provide evidence of the transfer.

In detail, the plaintiff stated in the lawsuit papers that his friend deceived him to invest money in a secured project (as he said), so he agreed to that in light of the strong friendship between them, and transferred one million and 881 thousand dirhams from his bank account to the account of his friend.

He pointed out that he did not receive detailed information about the project from his friend, and when he demanded the profits, he delayed it, and kept evading it, so he realized that he had deceived him to seize his money.

For its part, the Civil Court of First Instance considered the case, decided to reject it in its case, and obligated the plaintiff to pay fees, expenses and attorney fees.

Al-Assi appealed the primary ruling before the Court of Appeal, claiming that he had violated the law and an error in its application, in light of the evidence that he had transferred the amount to the respondent, repeating his demand to obligate the latter to pay the amount or refer the case for investigation to prove that he transferred the money to him with the intention of investment.

The Court of Appeal heard the testimony of two witnesses, the first of which stated that he attended with the two parties to the lawsuit to the bank and witnessed the plaintiff’s transfer of the amount, in exchange for his investment by the respondent, pointing out that he attended their negotiations together regarding the type of investment, but they did not sign a written agreement in light of the existence of an old relationship between The Asian, the defendant and his father, adding that he later learned from the plaintiff that his friend had not handed him any money and evaded paying the amount.

The second witness stated that he attended the negotiations of the two parties regarding the money, but he did not attend the incident of handing over the money.

After examining the case, the Court of Appeal concluded that what the appellant had mentioned in the reasons for his appeal does not, in essence, depart from what was presented to the Court of First Instance and included in its reasons, pointing out that what was confirmed by it from the case papers, the appellant was unable to provide evidence of the transfer of the amount from his account to The respondent's account was satisfied, and he contented himself with submitting a form for transferring an amount that alone would not be considered as evidence, especially since the defendant denied the incident completely.

The court confirmed that it was not satisfied with the testimony of the two witnesses of the evidence, in light of the lack of papers to prove the deposit of the amount, and decided to reject the appeal and uphold the appealed judgment.

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