A man currently serving a prison sentence has been ordered to repay Dh150,000 he obtained through fraud and pay Dh10,000 in compensation to the victim, following a ruling by an Abu Dhabi court.
The case came before the Abu Dhabi Family, Civil and Administrative Claims Court after the victim filed a civil lawsuit demanding the return of the money he said had been taken from him through deceptive means, along with compensation for the damages he suffered.
According to court records, the plaintiff stated that the defendant had fraudulently obtained Dh150,000 from him. He added that the accused had already been convicted in a criminal case related to the same incident, prompting him to file a civil claim seeking recovery of the amount and compensation of Dh10,000.
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During the proceedings, the defendant did not appear in court as he is currently serving a prison sentence in another emirate in connection with a separate case. Instead, his wife attended the hearing and submitted a power of attorney authorising her to represent him before the court.
In her written defence, she requested that the court dismiss the lawsuit, arguing that the claim lacked legal basis and evidence. She also sought to have the case rejected on procedural grounds, claiming it had been filed against a party without proper standing. Alternatively, she asked the court to dismiss the case on its merits due to what she described as a lack of proof supporting the plaintiff’s claim.
The court reviewed the documents submitted in the case, including the criminal judgment previously issued against the defendant for fraud.
In its ruling, the court noted that a final criminal judgment has binding authority in related civil proceedings with regard to establishing the occurrence of the act, its legal description and the responsibility of the accused.
Based on this principle, the court concluded that the defendant had unlawfully obtained the money from the plaintiff through fraudulent conduct.
The court therefore ordered the defendant to return the Dh150,000 he had taken from the victim and to pay Dh10,000 in compensation for the financial losses and moral damages suffered by the plaintiff.
Source: Khaleej Times