The Public Prosecution fined each of them 2000 dirhams

A guy and a girl spend a night in a hotel and evade payment

“Ras Al Khaimah Civil” ruled that it did not have jurisdiction to hear the case and referred it to the Partial Commercial Court.

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A hotel filed a lawsuit against a young man and a girl of (Gulf) nationality for their refusal to pay the fare for a night they spent in a hotel room, and demanded that they oblige them to pay him 16 thousand and 110 dirhams for the hotel night, with the legal interest of 9% from the date of the ruling until the completion of payment, and accordingly a court ruled A partial civil case in Ras Al Khaimah, not having qualitative jurisdiction to hear the case and referring it to the Partial Commercial Court, which has qualitative jurisdiction, and kept adjudicating the case’s expenses.

In detail, the plaintiff stated that the two defendants occupied a room in the hotel, but they refused to pay the fare, and pointed out that he had filed a complaint against them at the police station, and this resulted in the issuance of a criminal order by the Public Prosecution in absentia fining each of them 2000 dirhams and obliging them to pay the fees because of their refusal to pay the fare. The hotel without justification, and the penal order became final after they were notified of it in accordance with the law.

According to the partial civil court ruling, it was found from the papers that the commercial license attached to the plaintiff's lawsuit is a limited liability company and in his capacity as a merchant, and that the business he undertakes is commercial in accordance with the Commercial Transactions Law.

And she explained that as long as the character of trafficking is available for one of the parties to the case and it turns out that the subject of the claim results from a transaction that took place between the two parties and falls within the framework of the plaintiff’s practice of the commercial activity, which is renting hotel apartments, and accordingly the qualitative jurisdiction in the case is the right of the Partial Commercial Court, and with what the court concludes that there is no jurisdiction over the case.

She stated that the plea that the court does not have jurisdiction due to the absence of its jurisdiction or because of the type or value of the lawsuit is related to public order and is ruled by the court on its own, and it is permissible to plead it in any case of the lawsuit. By not having qualitative jurisdiction in the case and referring it to the Partial Commercial Court with qualitative jurisdiction, while maintaining the determination of expenses in accordance with the Civil Procedures Law. 

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