He rejected a lawsuit filed by a private school to demand that a parent pay tuition

A private school filed a lawsuit before the Abu Dhabi Court for Family and Civil and Administrative Cases, in which it requested that the guardian (the defendant) be obligated to pay the amount of 40,340 dirhams and the legal interest of 12% from the date of the claim until the full payment, as well as obliging her to pay fees and expenses and in return for attorney’s fees.

The private school (the plaintiff) stated that it is working to provide educational services to enrolled students, support them in education and provide them with a sound upbringing and is licensed to carry out its work in the UAE, and that the defendant had submitted a request to enroll her children, who were enrolled in the school, but the defendant refused to pay the fees. Education for her mentioned children, amounting to a total of 40,340 dirhams, stressing that she repeatedly asked the defendant to pay the aforementioned fees, but she refused without justification and a legitimate reason, which prompted her to file the following lawsuit.

On the merits of the case, the court stated that the plaintiff must prove his right and the defendant has the right to deny it, and what is settled in jurisprudence and jurisprudence is that the burden of proof falls on the plaintiff and that the plaintiff is legally charged with proving his claim and presenting evidence that confirms what he claims in it, and that the court of the subject matter is not obligated to assign the opponent to submit Evidence for his defense, or drawing his attention to the requirements of this defense. 

She clarified that since the plaintiff’s attorney requested that the defendant pay an amount of 40,340 dirhams for having registered her children with the plaintiff’s school, the case papers were devoid of evidence of a request by the defendant to register her children or that there were contracts concluded between the parties to the litigation, and it was also devoid of any documents to be clarified. Including the court on the validity of what was claimed by the plaintiff's attorney, which is the matter by which the case is based on an incorrect document from the reality and with it it decides to reject the case in its case as described in the operative matter, while obliging the private school (the plaintiff) to pay fees and expenses.

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