Abu Dhabi Court rejects lawsuit for lack of evidence to substantiate the debt

The Abu Dhabi Family, Civil and Administrative Cases Court dismissed a lawsuit filed by a man against another in which he demanded him to return Dhs780,000, which he allegedly had delivered to him but he failed to return it.

The court dismissed the lawsuit on the grounds that no evidence to substantiate the debt, agreement, or reason for the transfers was submitted.

In detail, the plaintiff filed a lawsuit against the defendant in which he requested the court to obligate the defendant to pay him Dhs780,000 plus a 12 per cent legal interest from the date of failure to pay. He also requested the court to obligate the defendant to pay him Dhs50,000 in compensation for the harms he had befallen.

The plaintiff pleaded that he had given the defendant Dhs780,000 on the condition that the latter would return the amount later on, adding that since the defendant did not do so and was procrastinating, he was prompted to file the present lawsuit with the above requests.

The court ruled that article 1 of the law related to the evidence in civil and commercial transactions stipulates that the plaintiff must prove his claim of right, and the defendant may deny it. The facts to be proven must be related to the lawsuit and acceptable because the judge may not rule based on his personal knowledge.

The court stated that it was established that the plaintiff had filed his lawsuit requesting that the defendant be obligated to pay the amounts that the plaintiff had transferred to him, as stated above.

It was also established and settled before the court that the transfers were nothing more than a mere transfer of money from one person to another and that whoever claimed the reason for that was required to prove it.

AS the claim was sent without providing any evidence, the court is not obligated to order the opponent to provide evidence for his defence or draw his attention to the requirements thereof.

It is sufficient for the court to establish its judgment in accordance with the documents presented to it, and as the plaintiff was the one charged with proving his claim but failed to do so, the lawsuit is hereby dismissed.