“Arabi” sues his friend and his son after helping them in financial distress

The Civil Court in Dubai ruled to oblige an Arab man and his son to return an amount of 24 thousand dirhams to the first’s friend who lent him the amount to help him get out of a hardship that led him to prison, and he needed the money to get out of it, but he later reneged on his promises to return the amount on time.

In detail, an Arab man filed a civil lawsuit, in which he demanded that a man and his son be obligated to pay the amount of 24 thousand dirhams and the legal interest at 5% from the date of the claim until full payment, and obligating them to pay fees and expenses.

In his statement of invitation, he referred to a friendship between him and the first defendant, and the latter contacted him asking for the aforementioned amount because he was going through financial hardship, was imprisoned in a criminal case, and needed money to be able to make a settlement that would help him get out of prison.

He confirmed that he agreed to help his friend, who sent his son, the second defendant, to arrange the transfer of the amount, provided that he would pay it within just two weeks.

He pointed out that he transferred the amount to the account of the first defendant, waited for the specified deadline, then asked them to return it, but they did not comply with that, despite asking for it more than once through conversations that took place between them via the “WhatsApp” application, but his friend continued to procrastinate, So he resorted to filing a lawsuit, and presented as support for that a portfolio of documents that included a copy of the transfer receipt, and copies of the correspondence and electronic communications between them.

After examining the case, the court clarified in the merits of its ruling that, according to the text of Article 1 of the Evidence Law, the plaintiff must prove the right he claims, and the defendant has the right to deny it, and Article 53 of Federal Law No. 35 of 2023 regarding proof in civil and commercial transactions stipulates It is considered electronic evidence every evidence derived from any data or information that is created, stored, extracted, copied, sent, communicated, or received by technical means. Information, on any medium, that is retrievable in an understandable form.

Article 55 of the same law stipulates that proof by electronic evidence has the same ruling as proof by writing, and Article 29 states that correspondence signed or fixed attributing it to its sender shall have the authority of the customary editor in proof, unless the sender proves that he did not send the message or commissioned someone to send it. As evidence of the above, what is proven to the court from the case papers and documents, and a copy of the receipt, is a transfer of 24 thousand dirhams from the plaintiff’s account to the first defendant, and according to the letters and electronic correspondence between him and the defendant’s son, this amount was transferred as a debt, and then it lurks in his debt. The court orders them to return it along with 5% legal interest, fees and expenses.