Abu Dhabi court citing WhatsApp messages as proof orders man to pay back his partner's Dhs233,513

The Abu Dhabi Family, Civil and Administrative Cases Court ordered one individual to pay another Dhs233,513. The defendant had been a partner and friend of the claimant and had transferred the amount in instalments in good faith.

However, he continued to delay and failed to fulfil his obligations. The court adjudicated the matter based on WhatsApp messages.

The plaintiff filed a lawsuit against the defendant, requesting that he be ordered to pay the sum of Dhs470,450, plus legal interest at a rate of 9% from the date of the lawsuit until full payment is made. The defendant was also ordered to pay the legal fees and expenses.

The plaintiff filed a lawsuit on the basis that the defendant had previously agreed to become his project partner, but then withdrew Dhs500,000.

Acting in good faith, the complainant gave the defendant the money in instalments by hand. However, after receiving the money, the defendant continued to delay and failed to adhere to the agreed terms.

He only returned part of the sum in monthly instalments of Dhs3,000. The defendant repaid only Dhs29,550 of the original sum. The plaintiff added that the defendant did not fulfil his obligations towards him, took the money and did not carry out the intended project.

In the grounds of its judgment, the court explained that the plaintiff had filed the present lawsuit on the basis that he was a creditor of the defendant for the claimed amount.

He provided receipts of money transfers and electronic messages exchanged via (WhatsApp) between the two parties to the dispute as evidence.

The defendant appeared and presented his defence, stating that they had been friends for a long time and had carried out many simple financial transactions, denying their intention to establish any projects or borrowing large sums.

After examining the emails and conversations between the two parties to the lawsuit, which the defendant did not deny, and the correspondence contained therein, including evidence of the relationship between the two parties and the alleged loan incident, the court stated that it had cited some of the correspondence to form its belief and extract the facts in order to establish the truth.

The Court explained that it had appointed a technical expert to investigate the subject of the lawsuit. Among the expert's conclusions in his report was the finding that WhatsApp messages proved that the defendant had confirmed receiving sums totalling Dhs275,000, including Dhs150,000 to pay off a credit card bill, and Dhs125,000 for a debt which the defendant had promised to repay to the complainant.

The sums paid by the defendant amounted to Dhs41,487. After settling the account between the two parties, it was found that the defendant owed the complainant Dhs233,513.