The Ras Al Khaimah Court obligated the defendant to return it

A “WhatsApp” message returns 12.7 thousand dirhams to the Gulf

The Ras Al Khaimah Court refused to oblige the defendant to pay the fees and expenses of the case.

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The Civil Partial Court of Ras Al Khaimah obligated a (Gulf) to pay a (Gulf) man 12 thousand and 700 dirhams, which he had borrowed from him and refused to pay it, on the grounds that it was an aid and a gift, while the “WhatsApp” message revealed that the plaintiff asked the defendant to pay the amount, and the latter promised return it to him.

In detail, the case papers stated that the plaintiff transferred 12,700 dirhams to the defendant through an exchange company, as a loan, and there were “WhatsApp” conversations between them, in which the defendant acknowledged his indebtedness, but he refused to pay the amount.

The plaintiff demanded that the defendant be compelled to pay him the amount due, and that he be obligated to pay fees, expenses, and attorney's fees.

The defendant stated that the amount was not an advance, but was in the form of assistance, and requested a judgment dismissing the case.

The plaintiff said in a commentary note that he adheres to his claim, and denied transferring those sums of money to the defendant as a gift from him, because his financial circumstances do not allow him to give him his money, and provided a copy of the conversations via “WhatsApp” between them, which included the defendant’s promise to pay him the amount.

And it was stated in the operative part of a partial civil court ruling that it was proven that the plaintiff transferred an amount of 12 thousand and 700 dirhams in installments to the defendant, and that what the latter adhered to was that the transfer was on the basis of assistance. The amount was transferred to the defendant, and he acknowledged that, and it was not proven that it was returned, because it is established in Article 318 of the Civil Transactions Law that it is not permissible to take the money of others without a right, so it is directed to oblige the defendant to pay the plaintiff 12 thousand and 700 dirhams, and regarding the expenses and fees of the case The court does not consider it necessary to oblige the defendant to pay them, as long as the plaintiff does not prove that he has incurred these expenses.

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