An Arab woman sues her brother for seizing the price of a property

The Al Ain Court of First Instance ruled obliging an Arab person to pay his sister an amount of approximately 20 thousand and 114 Kuwaiti dinars, or its equivalent in UAE dirhams, while obligating him to compensate the plaintiff in the amount of 10 thousand dirhams, and obliged him to pay fees and expenses, because it was proven that he had received the amount from her by virtue of a bank transfer to buy a property in one of Arab countries, but he got the money for himself.

The plaintiff stated in the lawsuit sheet that she and the defendant are two brothers, and that she sent him from Kuwait, according to a bank transfer, an amount of 20 thousand and 114 Kuwaiti dinars, with the aim of buying a property for her.

However, he did not abide by the implementation of what they agreed upon, and took the amount for himself unjustly, which prompted her to file a lawsuit in order to judge her regarding the aforementioned requests.

A “copy of the bank transfer” provided support for her claim, demanding that the defendant pay her the amount, or its equivalent in UAE dirhams (240 thousand dirhams), and interest at 12% from the date of the judicial claim, while obligating him to pay her 50 thousand dirhams in compensation for Physical and moral damages.

The dispute was presented before the case preparation office, the plaintiff's attorney was contacted, and he submitted an explanatory memorandum. The defendant also attended and submitted a memorandum explaining the nature of the relationship and partnership between him and the plaintiff, adhering that he delivered the amount to another person at her request, and presented a portfolio of documents, while the plaintiff insisted Accordingly, it was decided to refer the case to court.

The court, in turn, decided to direct the complementary oath to the plaintiff.

And it stated that the judge, in any case in which the case was, may direct the complementary oath on his own, to any of the two parties, in order to base his judgment on the merits of the case, or in the value of what he rules.

It is established that the trial court is not obligated to take any of the investigation procedures in the case or to respond to any request - including addressing the official or unofficial authorities - when it finds enough in the case papers to form its belief.

And she said that she had completed the evidence of the validity of the lawsuit with the oath of the plaintiff, who swore to her, and then there would be evidence in the lawsuit that she is entitled to the amount in question, and the lawsuit is valid and proven, and it must respond to her request and eliminate her from the defendant, without interest, because the reasons for her entitlement are not available. .

The court estimated the compensation due to the plaintiff at 10,000 dirhams, stressing that this amount is sufficient to compensate for the damages incurred.

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