Court ruled that the claimant failed to prove the alleged salon partnership agreement or the purpose of the money transfer
Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court has dismissed a lawsuit filed by a woman seeking the return of AED65,000 that she claimed to have transferred to a man under a partnership agreement relating to a women’s salon.
The court found that the claimant had failed to provide sufficient evidence to prove the existence of the agreement or the reason for the transfer.
The woman filed a lawsuit demanding that the defendant pay her AED65,000, along with AED5,000 in compensation for material and moral damages, as well as court fees, expenses and legal costs.
She stated that she had entered into an informal partnership agreement with the defendant through WhatsApp to invest in a women’s salon. According to her claim, she subsequently transferred AED65,000 to his bank account.
She alleged that the defendant used the money to obtain a business licence but failed to include her name in the licence, contrary to their agreement. She said she later requested the return of the money, but the defendant did not respond.
In support of her claim, she submitted screenshots of the bank transfers and WhatsApp conversations. Neither the defendant nor his legal representative appeared before the court, despite being duly notified.
In its judgment, the court explained that, under the Law of Evidence in Civil and Commercial Transactions, the burden of proof rests with the claimant, while the defendant has the right to deny the claim.
The court noted that a bank transfer merely establishes that money was transferred from one person to another. Anyone claiming a specific reason or legal basis for that transfer must provide evidence to support it, as the presumption is that a person is free from liability unless proven otherwise.
The court found that the claimant had not submitted evidence proving the validity of the alleged agreement or the purpose of the transfers. It also determined that the WhatsApp conversations did not explicitly establish the value or nature of the claimed entitlement.
The judgment further stated that the court is not required to direct a party on how to prove their case or draw attention to deficiencies in their evidence.
As a result, the court rejected the woman’s claim for the return of the AED65,000. It also dismissed her compensation claim because it was based on the primary claim and ordered her to bear the court fees and expenses.
Source: Emirates 24|7