Court orders borrower to repay loan and pay Dh15,000 compensation for material and moral damages
The Abu Dhabi Family, Civil and Administrative Court ordered a man to pay another Dh120,000, representing money he had received as a loan and advance payment but failed to return. The court also ordered him to pay Dh15,000 in compensation for the material and moral damages suffered by the plaintiff, in addition to court fees and expenses.
The case stemmed from a lawsuit filed by the plaintiff, who sought the recovery of Dh120,000 that he had transferred to the defendant after the latter requested it as a loan and advance payment and undertook to repay it. The plaintiff said the defendant failed to respond to repeated demands for repayment, depriving him of the use of his money and causing him material and moral harm, prompting him to take legal action.
The plaintiff submitted documents supporting his claim, including bank transfer receipts for Dh20,000 and Dh100,000. He also presented screenshots of WhatsApp conversations between the two parties, which showed the defendant acknowledging receipt of the funds and repeatedly promising to repay them before later evading those commitments.
The defendant admitted receiving Dh120,000 from the plaintiff, stating that he had borrowed the money because of an emergency situation and had agreed to repay it amicably without specifying a repayment date.
He denied refusing to repay the amount, stressing that he remained willing to settle the debt but had been prevented from doing so by unforeseen financial circumstances. He requested that any claim beyond the original debt of Dh120,000 be dismissed and that the compensation claim be rejected for lack of supporting evidence.
In relation to the claim for repayment of the debt, the court relied on the provisions of the Civil Transactions Law, which state that a person is responsible for returning what he has taken and prohibit taking another person’s property without lawful justification. The court also cited the provisions of the Evidence Law regarding proof of rights and acknowledgment of debt. It held that the defendant’s judicial admission of the debt and his continuing obligation to repay it were sufficient grounds to order repayment of Dh120,000.
Regarding the compensation claim, the court said that assessing damage and determining the amount of compensation are matters that fall within the discretion of the trial court, which may award compensation after examining and discussing the elements of harm.
The court found that the elements of liability, namely fault, damage and causation, had been established as a result of the defendant’s failure to repay the borrowed money. It held that the plaintiff had suffered material damage through being deprived of the use of his funds, as well as moral damage affecting his psychological well-being and feelings.
Based on the circumstances of the case and its assessment of the evidence, the court ruled that the defendant must repay Dh120,000 and pay Dh15,000 in compensation for material and moral damages, in addition to court fees and expenses.
Source: Emirates 24|7