Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court dismissed a lawsuit filed by a man seeking AED 172,000 from another man, after finding inconsistencies in the plaintiff’s statements about whether the money had been handed over.
The plaintiff claimed he had lent the defendant AED 172,000 under a personal loan agreement and debt acknowledgement. He asked the court to order the defendant to repay the amount and cover the fees, expenses and legal costs, with immediate enforcement.
He said there was no commercial or contractual relationship between the parties other than the loan agreement and debt acknowledgement, which he said had been signed by both of them. He claimed the money had not been repaid.
In response, the defendant submitted a memorandum seeking the dismissal of the case on the grounds that the claim was invalid and unsupported by evidence.
Alternatively, he challenged the authenticity of the documents and asked the court to order the plaintiff to submit the original loan agreement. He also requested that it be referred to the Criminal Evidence Department at Abu Dhabi Police to examine the signature attributed to him, and that the case be referred for investigation and witnesses be heard to establish the true nature of the relationship.
During proceedings, the court questioned the plaintiff about handing over the money. He initially said that he had given the defendant the money but later changed his statement and said that he had not.
In its reasoning, the court explained that, under the law, anyone claiming that another person has an obligation, regardless of whether it arises from a contract or a guarantee, bears the burden of proving the claim.
The court noted that the plaintiff was seeking repayment of a loan he claimed to have given the defendant, but his statements about handing over the money were contradictory. At one point, he said he had given the defendant the money in cash, but later told the court that he had not given it to him.
The court found that there was no proof that the defendant had received the AED 172,000 and consequently dismissed the lawsuit.
It also ordered the plaintiff to pay the fees and expenses, as well as AED 300 in legal fees.