He lends his relative 4 million dirhams without a proof document
A person close to him owed 4 million dirhams, as a loan, without taking from him any document proving the nature of the relationship between them.
In detail, a man filed a lawsuit against another in which he sought to oblige him to pay 4 million dirhams and 500 thousand dirhams in compensation for material and moral damages.
Explaining his claim, he said that, by virtue of the kinship relationship between him and the defendant, he loaned him the amount, but when he demanded it, he delayed paying it.
The court of first instance ruled to reject the case as is and oblige the complainant to pay the fees and expenses.
The Abu Dhabi Court of Appeal for Family, Civil and Administrative Suits explained in the merits of its ruling that the court of first instance had decided the dispute.
It ruled to reject the case as it stands on the basis that the complainant is the one who bears the burden of proving the incident of advances or lending that is the subject of the case and that he did not provide any evidence to prove the validity of his claim, and his statements regarding the incident were merely statements sent without support or evidence.
She pointed out that the bank statement he provided only proves the fact of the transfer, but does not prove the fact of the debt. The mere transfer of financial sums does not indicate the reason for the claim, and only proves the fact of the transfer of money. Thus, the claim lacks evidence to prove its validity, and is based on no evidence. Reality and law.
The court confirmed that the complainant did not come up with a new defense during his appeal to change the face of the opinion in the case, and that does not affect what he stated in his appeal to the ruling regarding his adherence to what he proved that he made transfers to the defendant.
Accordingly, the court ruled to accept the appeal in form and to reject it in substance, upholding the appealed ruling, and obligating the complainant to pay expenses.
