The Court of Appeal in Abu Dhabi quashed a decision of the Court of First Instance, dismissing a lawsuit filed by a young man against a colleague, demanding that he pay 416 thousand and 400 dirhams. To be refunded, and the Court of Appeal ruled that the defendant was obliged to return the amount.
In the description, a young man filed a lawsuit against a girl, demanding that he force her to pay 416 thousand and 400 dirhams, and interest, indicating that she had relations with the girl, and They agree to partner in the “women’s hairdressers” project, and will take the necessary measures for that based on their experience. And he sent her the requested amount, but she broke her commitment to set up the project and did not return the amount to him.
The first court decided to dismiss the case, based on the fact that transferring the money to the girl does not benefit from the fact that there is a loan for her, as lending to each person handing over the money does not benefit Occurs, and this court did not accept and appeal to the plaintiff, and the defendants’ defense submitted a memorandum in which it demanded that the defendants pay the claim amount along with the legal claim.
The defense confirmed that the verdict did not understand the truth about the transfer of the transfer, and also did not understand the appellant’s acknowledgment in the evidence collection records and the public prosecution investigation that he had received these amounts, and his statements contradicted The reason for doing it was money, as she decided it was for help, and then she told whom she was motivated by the desire to marry.
The Court of Appeal confirmed that the documents confirmed that the girl had confessed to receiving the claim amount, but did not provide a convincing reason for not complying with not obliging her to return it, as it dictated The amount that was made was for help, and it was also decided that it was due to his desire to engage, which was not fulfilled, which in both cases prevented the non-need to return the amount Not considered, given that it was clear from the papers that there is no justification to prevent the withdrawal of the requested amount, and the court decided to formally accept the appeal, and to quash the decision of the appeal in the case , And the appellant is not obliged to decide again to pay the appellant 4,000 thousand and 400 dirhams. , With a legal interest of 5% annually from the date of judicial claim until the payment is completed, and obliges to pay the expenses of two degrees of litigation.
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