Court rules that filing lawsuits is a legally protected right and finds no evidence that the defendant acted with malice or intended harm
Dubai: The Dubai Civil Court has dismissed a lawsuit filed by a businessman seeking AED18.25 million in compensation from a friend, whom he accused of abusing the right to litigation by filing multiple lawsuits against him.
According to court records, the plaintiff said he owned several companies and had maintained a long-standing friendship and business relationship with the defendant’s father before developing a similar relationship with the defendant.
The plaintiff stated that the relationship later deteriorated due to a financial dispute involving a substantial sum of money that he claimed the defendant had borrowed and failed to repay.
He said he subsequently pursued the matter through the courts and obtained a final judgment in his favour in a commercial case.
The businessman alleged that, following that ruling, the defendant filed a number of lawsuits and legal disputes against him, either individually or jointly with others, with the aim of causing him harm.
He cited a commercial claim valued at AED60 million and other disputes that, according to him, were ultimately rejected by the courts or found to be without merit.
The defendant, meanwhile, requested that the lawsuit be dismissed on the grounds that it lacked a valid legal basis and sufficient evidence, and sought an order requiring the plaintiff to pay court fees, expenses and legal costs.
In its ruling, the court stressed that the right to litigation is guaranteed to everyone and that resorting to the judiciary to claim a legally protected right is a legitimate exercise of that right.
The court explained that the exercise of a legal right only becomes unlawful in specific circumstances, including where it is intended solely to harm another party, achieve an unlawful interest, produce harm disproportionate to the benefit sought, or exceed accepted legal and customary limits.
It further noted that the mere possibility of harm resulting from the exercise of a legal right does not, by itself, establish an intention to cause harm.
After reviewing the case file, supporting documents and previous judgments, the court concluded that there was no conclusive evidence showing that the defendant’s lawsuits and legal actions were filed maliciously or with the intention of harming the plaintiff.
Accordingly, the court dismissed the compensation claim.
Source: Emirates 24|7