A woman was fined 5,000 dirhams for refusing to return the contents of a "wallet" she found in a "mall"

The Al Ain Court of First Instance ruled obliging a woman (the defendant) to pay another (the plaintiff) an amount of 5 thousand dirhams, including 3 thousand dirhams that were in a “wallet” that the plaintiff lost and found by the defendant, and 2000 dirhams as compensatory compensation for the damages incurred by the plaintiff as a result of the defendant’s refusal The defendant refunded the seized amount.

The plaintiff instituted this lawsuit in order to oblige her to pay the defendant to the plaintiff an amount of 3 thousand dirhams, the amount taken from the “wallet” unlawfully, and also to oblige her to pay an amount of 47 thousand dirhams in compensation for the material and moral damages incurred by the plaintiff as a result of the plaintiff’s act In addition to the fees and legal fees, on the basis that she lost her wallet while she was roaming in a mall, and after investigating the incident and opening the mall’s cameras, it was found that the defendant had seized the wallet and its contents, including an amount of 3 thousand dirhams, and the defendant was convicted A criminal case has not been appealed.

The plaintiff demanded the defendant to return the seized amount, but she refused to return the amount without any legal justification, and she also caused her several damages as a result of that act, which made her to file this lawsuit with the aforementioned requests.

The court stated that since it was proven from reviewing the copy of the judgment issued in the criminal case that the defendant was convicted in it of the charge of appropriating with the intention of owning the lost amount owned by the victim (the plaintiff), and that judiciary has become absolutely final because it has not been appealed according to the attached testimony, and then This criminal judiciary would have decided on the common basis between the civil and criminal lawsuits at hand and in the legal description thereof and attributing it to the perpetrator, which is that the defendant unlawfully seized from the plaintiff the cash amount owned by her, and it was established for the court from reviewing the penal judgment that the document of the case was that the seized amount The claimant owes him an amount of 3 thousand dirhams, and then this judiciary that has the force of the final order is considered before this court in proving the defendant’s indebtedness to the plaintiff for the amount claimed pursuant to Articles 50 of the Evidence Law, 269 of the Code of Criminal Procedures. 

She said:Since the plaintiff had stated in her claim sheet that the defendant had not returned the seized amount to date, and the court had not been proven innocent of that amount, and then the court would prove that the defendant’s debt is still occupied by the plaintiff with the claimed amount, which is the matter with which the case is before him It is true and firm, and the plaintiff must respond to her request and judge her against the defendant for the claimed amount, and as for the request to oblige the defendant to pay the plaintiff an amount of 47 thousand dirhams, as compensation for the material and moral damages incurred by the plaintiff as a result of the defendant’s act, it is settled by the court that The defendant’s mistake is proven as aforementioned, and it may result in material and moral damage, represented in the plaintiff’s failure to benefit from the seized amount, and the plaintiff’s feeling of psychological pain that she suffered as a result of the defendant’s action, and a causal relationship was available between the error and the damage, so the defendant is legally obligated to compensate her For that damage, the court shall estimate compensation for the damages dueWith her discretionary power and a conclusion from the circumstances and circumstances of the case, she has an amount of 2000 dirhams as compensation for all the damages she suffered.

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