AD Family Court rejects lawsuit filed by man against his brother

Aya Al Deeb, Staff Reporter

The Abu Dhabi Family, Civil and Administrative Claims Court rejected a lawsuit filed by a man against his brother, demanding that the latter has to return Dhs5,300,000 to him, claiming that he had paid the amount to him when he had financial troubles.

The court said the plaintiff did not provide evidence for the reason for the bank transfers to his brother.

The plaintiff indicated that his brother went through financial hardship more than 5 years ago and asked him to help him financially, so he sent him the amount through bank transfers and cheques. The plaintiff added when he asked his brother to repay the amount he refused. He indicated that he attached an accounting advisory report showing the amounts transferred from his account to his brother’s.

The defendant’s lawyer demanded that the case be dismissed and referred for investigation to prove that there was no agreement or proof that it was a loan.

He also demanded to assign an accounting expert but the court rejected it.

The judge referred the case for investigation and asked the plaintiff to provide evidence that the amounts he had demanded had been delivered to his brother on the basis of debt.

At the specified session, the plaintiff indicated that he had no witnesses and submitted conversation messages between him and his brother.

The defendant’s lawyer also indicated that there were no defence witnesses.

The court affirmed that the two parties were brothers and that the messages submitted by the plaintiff were not a proof of the transfer of funds. Consequently, the court rejected the lawsuit and obligated the plaintiff to pay expenses.