UAE court rejects a girl lawsuit for a 350,000 AED loan
The Al Ain Court of First Instance has dismissed a lawsuit brought by a girl seeking 350,000 dirhams from a young man to whom she had transferred the amount as a loan.
The court's ruling hinged on the fact that the plaintiff failed to request the defendant swear an oath regarding the nature of the debt, and the mere act of transferring funds does not automatically establish the amount as a credit to the defendant.
In the details of the case, the girl filed a lawsuit demanding the young man repay the sum of 350,000 dirhams, along with a 12% delay in interest from the date of filing until full payment. Additionally, she sought compensation for fees and expenses, including attorney's fees. The plaintiff claimed that she had transferred the funds to the defendant's and his brother's accounts at his request. However, when she requested repayment, he refused.
The defendant failed to appear in court during the dispute's initial presentation to the case preparation office. The supervising judge, in response, decided to refer the case for investigation to allow the plaintiff to prove the defendant's acknowledgment of the debt. The plaintiff's agent submitted a memorandum containing the bank transfers as evidence.
The court emphasized that the burden of proof lies with the person initiating the bank transfer, requiring evidence that establishes the transfer as a debt owed by the recipient. Merely transferring funds does not make the plaintiff a creditor, and she must substantiate her claim. The court noted that the case lacked supporting evidence beyond the plaintiff's statements in the claim and highlighted the absence of a request for the defendant to swear an oath regarding the debt.
Due to the plaintiff's failure to provide sufficient evidence that the transferred amounts constituted a debt, the court ruled to reject the case. Furthermore, the plaintiff was ordered to cover the fees and expenses associated with the legal proceedings.
