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A girl filed a lawsuit against a young man, before the Abu Dhabi Family Court and Civil and Administrative Claims, and demanded, at the end of it, to oblige him to pay her 100,000 dirhams and compensation in the amount of 50,000 dirhams, and oblige him to pay fees and expenses.
Explaining her claim, she said that she had lent the defendant an amount of 100,000 dirhams as a debt, provided that this amount would be returned in monthly installments with the profit, and she had drawn up a trust receipt for this, but he did not commit to refunding the amount according to the agreement, and attached a document to her claim with a photocopy of a trust receipt with an appendix signed.
During the consideration of the case, the complainant attended, and was questioned about the reason for the trust bond, and she decided that she had handed over the defendant an amount of 100,000 dirhams in cash, provided that he would return it in monthly installments over a period of 60 months, and that was in the month of 6 of 2018, and that since then he has disappeared and By turning off all his mobile phones, the defendant did not attend despite his announcement.
The court decided to direct the complementary oath to the complainant, so I swore to him in the form “I swear by God Almighty that I demand the defendant for the amount of 100,000 dirhams, which I handed to him for his investment on the condition that he return it to me, in addition to monthly profits of 1,700 dirhams, and that his debt is still occupied with me for the entire amount mentioned in advance and I did not He pays it or part of it, and God is a witness to what I say.”
For its part, the court clarified in the merits of its ruling that according to the Civil Transactions Law, the creditor must prove his right and the debtor has to deny it, noting that it saw in the trust document presented in the case what constitutes preliminary evidence, but it is not sufficient to form its belief, as it does not explain the reason for the transaction that took place between The two parties to the litigation, and the court decided to direct the complementary oath to the plaintiff, and she took the oath according to the specific formula.
And she continued: Regarding the request for compensation in the amount of 50 thousand dirhams, the court indicated that it was proven that the defendant had failed to implement his obligation to fulfill the value of the loan, with which there was an error necessitating responsibility in his right. As for what she missed in terms of earnings and the loss she suffered from not benefiting from the aforementioned amount, as well as her feeling of grief over not fulfilling his right, and the court considers in the amount of 5 thousand dirhams redress for all damages..
Accordingly, the court ruled obligating the defendant to pay the complainant an amount of 100,000 dirhams, and compensation in the amount of 5 thousand dirhams for all damages, and obligating him to pay fees and expenses..
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