Supplementary oath proves man’s right to Dhs4 million in villa purchase case

 Abdul Rahman Saeed, Staff Reporter

 Abu Dhabi Court of Cassation rejected an appeal against a verdict obligating a man to return Dhs4 million to another plus a compensation of Dhs50,000 in a case involving the purchase of a villa, split equally between two people. 

Earlier, a man filed a lawsuit against another in which he requested the court to obligate him to pay Dhs4.7 million plus a compensation of Dhs300,000. 

The plaintiff pleaded that the defendant received from him Dhs4.7 million in exchange for his share in purchasing a residential villa in Abu Dhabi, to be divided equally between them. 

The defendant, however, did not fulfill his obligation as he neither registered half of the villa in favour of the plaintiff, nor returned the amount to him. As this resulted in harm to him, the plaintiff filed a lawsuit against the defendant. 

The Court of First Instance directed the plaintiff to take the supplementary oath to support his case. 

The plaintiff took the supplementary oath after admitting that the defendant gave him Dhs700,000 out of the total amount due of Dhs4.7 million. 

Consequently, the plaintiff finally requested the court to obligate the defendant to pay him the Dhs4 million plus a late payment interest at a rate of 9 per cent from the date of the legal claim until full payment and Dhs1 million as a compensation for material and moral harms.

The court ruled that the defendant be obligated to pay the plaintiff Dhs4 million plus Dhs50,000 as compensation. 

The defendant appealed the judgment before Abu Dhabi Civil Appeal Court, which dismissed the appeal and upheld the appealed judgment. Then the defendant appealed this judgment by way of cassation, requesting that the judgment be dismissed. 

Accordingly, the Court of Cassation rejected the appeal filed by the defendant and obligated him to pay the fees and expenses and Dhs1,000 in lawyer’s fees.