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Gulf Today
4 days ago
- Gulf Today
Abu Dhabi court orders man to return Dhs400,000 to gym partner
Abu Dhabi Family, Civil and Administrative Cases Court ordered a person to return Dhs400,000 to another plus a 4 per cent interest from the date the lawsuit was filed until full payment. A settlement had been signed between the two parties under which the defendant was obligated to pay the amount in monthly installments but he had failed to comply. The two men were partners in a gym and the amount was equivalent to the price of the gym equipment that the defendant had received. The plaintiff filed a lawsuit against the defendant in which he requested the court to obligate him to repay the outstanding amount of Dhs400,000 plus Dhs10,000 in compensation for all material and moral harms. He also requested the court to obligate the defendant to pay a 12 per cent legal interest from the date of the lawsuit until full payment plus the incurred legal fees, expenses and lawyer's fees. The plaintiff pleaded that he had loaned the defendant the claimed amount on the condition that he would repay it to him in equal installments according to an agreement drawn up between them, adding that the defendant failed to fulfill his obligations and refused to repay the debt. The plaintiff's attorney submitted a docket that included translated copies of the defendant's ID and passport, a settlement agreement, a notice of obligation to pay, email correspondence and a decision by the Alternative Dispute Resolution Department. The court explained that it is legally established that article 1/1 of the law of evidence in civil and commercial transactions stipulates that the plaintiff has the right to prove his claim and the defendant has the right to disprove it. Article 14 of the law of evidence stipulates that an admission is a statement by a party acknowledging a duty owed to another party, while article 15 outlines the conditions for a valid admission, requiring the person making it to have the capacity to dispose of the admitted right, the court said. Article 18 specifies that judicial admissions are conclusive and binding on the person making them, and they cannot be retracted, the court added. It is proven in the submitted documents and in the settlement signed between the two parties that the defendant borrowed Dhs400,000 from the plaintiff and pledged to repay it in 12 equal monthly installments of Dhs33,333.33 each, the court said. In the event of non-payment of any installment, the plaintiff has the right to resort to the court, it added. The defendant appeared before the court accompanied by an interpreter and acknowledged the settlement he had concluded with the plaintiff and decided that he was unable to pay the installments due to the gym being shut down, the court said. Since the defendant did not provide anything to prove payment of the amount and contented himself with saying that the settlement came in exchange for his receipt of gym equipment, the court obligated him to repay Dhs400,000.
Gulf Today
22-05-2025
- Gulf Today
Abu Dhabi man told to return Dhs25,262 he fraudulently used through another person's credit card
The Abu Dhabi Family, Civil and Administrative Cases Court obligated a person to return Dhs25,262 to another man and fined him Dhs3,000 after the former used the latter's credit card to buy tickets to a UAE museum via the Google search engine. After the amount had been deducted from his account, the victim learned that he was a victim of fraud and consequently filed a lawsuit against the defendant, who was convicted of embezzlement. Under the lawsuit he filed, the plaintiff requesting the court to obligate the defendant to pay him Dhs51,000 as the value of the financial claim plus a compensation for the material and psychological harms he sustained and settle the incurred fees and expenses. As evidence of his lawsuit, the plaintiff submitted photocopies of the referral decision from the Alternative Dispute Resolution Department and the verdict issued in a previous lawsuit in which the defendant was convicted in absentia and fined Dhs30,000. The plaintiff pleaded that the defendant embezzled money from his credit card to buy tickets for a UAE museum, adding that he later received a one-time password and Dhs25,262 was deducted from his account with Abu Dhabi bank. He then learned that he was a victim of fraud and consequently filed a lawsuit under which the defendant was convicted of embezzlement. The plaintiff stated that as he suffered material and moral harms in his personal life, given that he was the sole breadwinner for his family, was undergoing medical treatment and needed money to pay to his bank, he was prompted to file the present lawsuit. The court explained that it was evident that the defendant was convicted of illegally using the data of the plaintiff's credit card with the intention of embezzling a sum of money owned by the plaintiff through an information technology means, as stated in the papers. Further investigations showed that the beneficiary of the purchases made via the plaintiff's credit card was the defendant and that there was no relationship between the two parties. As the defendant appeared before the court but did not provide evidence that he had returned the amount, the court ruled that he be obligated to return the amount claimed. As far as the request for compensation is concerned, the court stated that the defendant had committed an error by unlawfully embezzling the amounts claimed, which resulted in material harm on the part of the plaintiff. Taking into consideration the moral harms that the plaintiff sustained due to what the defendant did as embodied by grief and sorrow, the court estimated the compensation due to be paid by the defendant to the plaintiff at Dhs3,000.
