Dubai Court of First Instance obligated two brothers to pay Dhs57,000 to an Arab friend and 5% legal interest from the date of the claim until full payment.
The Court also obligated them to pay court expenses after proving that they had taken a financial loan from the friend. The court relied in its ruling on electronic correspondence via the WhatsApp application and documented declarations.
The details of the case date back to the time when an Arab man lent two brothers Dhs57,000 at the request of one of them, due to the friendship between them, on the condition that the amount be returned within a short period of time.
According to the lawsuit papers, the amount was delivered in cash to one of the brothers, but they did not return the amount despite repeated demands.
Therefore, the friend took legal action, relying on correspondence exchanged via the "WhatsApp" application that included explicit demands for payment, in addition to a declaration via telephone in front of two witnesses, during which the brothers confessed to the debt and pledged to fulfill it.
During the consideration of the case, one of the brothers denied the debt, considering that the electronic correspondence was a proof.
The plaintiff insisted that the electronic messages were a written evidence and that they were supported by documented declarations to the notary public.
The court considered that the electronic messages were a written evidence, especially with no denial of their issuance. The court was also satisfied with the documented declarations, and directed the supplementary oath to the plaintiff, who swore it in the legal form.
The court concluded that the loan was delivered to the two brothers and that they were jointly responsible for the amount, and accordingly, the court obligated the two brothers to jointly pay Dhs57,000, with legal interest of 5% per annum from the date of the judicial claim until full payment, in addition to obligating them to pay fees and court expenses.