Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court has ordered a man to repay AED120,000 to another individual after receiving the money as a loan and failing to return it.
The court also ordered the defendant to pay AED15,000 in compensation for the material and moral damages suffered by the claimant, in addition to court fees and expenses.
According to court records, the claimant filed a lawsuit seeking the return of AED120,000 that he had transferred to the defendant as a loan. He stated that the defendant had undertaken to repay the money but failed to do so despite repeated requests.
The claimant said the failure to recover the funds deprived him of the use of his money and caused him both material and moral harm, prompting him to seek legal action.
As evidence, the claimant submitted documents including a bank transfer receipt for AED20,000 and another for AED100,000. He also presented screenshots of WhatsApp conversations between the two parties in which the defendant acknowledged receiving the money and repeatedly promised to repay it before allegedly beginning to evade repayment.
The defendant admitted receiving the funds, explaining that he had borrowed the money because of an emergency situation. He told the court that he had always intended to repay the debt amicably but had not agreed on a specific repayment date.
He denied refusing to repay the loan and said his current financial circumstances had prevented him from doing so. He requested the dismissal of claims exceeding the principal debt of AED120,000 and sought the rejection of the compensation claim on the grounds that it was unsupported.
In its ruling, the court relied on provisions of the Civil Transactions Law, including the principle that property received from another party must be returned to its owner. The court also referred to the Evidence Law, which requires a claimant to establish a right through evidence and documentation.
The court found that the debt had been proven through the documentary evidence and the defendant’s judicial admission that he had received the funds. It therefore ordered him to repay AED120,000 to the claimant.
Regarding compensation, the court cited Article 255 of the Civil Transactions Law and the legal principle that any harm suffered must be compensated. It noted that the Federal Supreme Court has established that assessing damages and determining compensation falls within the discretion of the trial court.
The court found that the elements of liability, namely fault, damage and a causal relationship, had been established. It concluded that the defendant’s failure to return the borrowed funds caused the claimant material harm through the loss of use of his money, as well as moral harm affecting his wellbeing.
Taking into account the circumstances of the case, the court awarded the claimant AED15,000 in compensation for the material and moral damages suffered.
Source: Emirates 24|7