“Dubai City” obligates an Asian to return 31.5 thousand dirhams to his friend

The Civil Court in Dubai ruled to oblige a person of the nationality of an Asian country to pay 31,500 dirhams to a friend of the same nationality, after he borrowed it from him in stages and then denied it and refused to pay.

In detail, an Asian person filed a lawsuit in which he demanded that another person with whom he had a friendly relationship be obligated to pay him 31,500 dirhams, in addition to the interest estimated by the court.

The plaintiff said, in his statement of claim, that the defendant used to ask him for financial assistance as a form of debt and that he would return it when the creditor requested it from him. Accordingly, he borrowed varying amounts from his friend until the total amount of money accumulated on him reached 31 thousand and 500 dirhams.

The plaintiff added that he asked the defendant to return the debt, but the latter denied it and refused to pay. The former presented a document for his claim, which was a scanned copy of receipts for varying amounts obtained by the defendant, all of which were stamped with the defendant’s signature.

The court notified the defendant of the lawsuit, but he did not appear, and therefore the ruling was in his presence in accordance with the Civil Procedure Law.

The court explained in the merits of its ruling that with regard to the subject matter of the case, it is legally stipulated, and based on what was decided by the Court of Cassation, that the two opponents must alternate the burden of proof in the case, according to what each of them claims, so the plaintiff must establish evidence for what he claims, because The principle is to absolve yourself of the debt. If he proves his right, the defendant must provide evidence of the extinguishment of the debt and the reason for it.

She pointed out that according to the Evidence Law, a customary document is considered to have been issued by the person who signed it, and is evidence against him, unless he explicitly denies what is attributed to him in terms of handwriting, signature, seal, or fingerprint.

She explained that what was confirmed by her review of the bonds submitted by the plaintiff was an acknowledgment from the defendant that he had received the claimed amounts, signed by his signature, indicating his indebtedness in the amount of 31,500 dirhams, due to the plaintiff in full.

She continued that in light of the defendant’s failure to appear to file the lawsuit with any defense, and did not challenge his signature on the submitted documents, the court orders him to pay the amount of 31,500 dirhams to the plaintiff, in addition to the legal interest at 5% from the date of filing the lawsuit until full payment, since The amount is known and is not subject to the judge’s discretion.

Regarding the request for legal benefits, the court stated that judicial custom had set a percentage of 5% of the claimed debt, and the court obligated the defendant to pay the lawsuit fees and expenses.

• The court: The defendant did not challenge his signature on the submitted documents, and he must pay the amount, in addition to the legal interest of 5%.