Source: Emirates Today – Al Ain Courts.
The Al Ain Civil, Commercial and Administrative Court ordered a man to repay AED 107,500 to a young man after receiving the amount to purchase a vehicle and ship it abroad under an agreement between the parties, but failing to fulfill the agreement or return the money.
According to the case details, the claimant filed a lawsuit against the defendant seeking an order requiring him to pay AED 107,500, together with legal interest at a rate of 5% from the date of judicial claim until full payment. The claimant also sought AED 10,000 in material and moral damages, requested that a decisive oath be administered to the defendant, and asked that the defendant bear court fees, expenses, and legal costs. The claimant explained that he had agreed with the defendant to purchase a vehicle in the UAE and ship it to his home country on his behalf. Pursuant to that agreement, he transferred the claimed amount to the defendant’s bank account. However, the defendant failed to carry out the agreement, neither purchasing nor shipping the vehicle, and also refused to refund the amount despite repeated amicable requests. The claimant asserted that this caused him material and moral harm and supported his claim with documents, including a copy of the bank transfer notice showing the transfer from his account to the defendant’s bank account.
Before deciding the merits of the case, the court ordered that a decisive oath be directed to the defendant in the following form: “I swear by Almighty God that no agreement took place between me and the claimant, whether directly or through a third party, and that I did not agree with him to purchase a vehicle from the United Arab Emirates and ship it abroad for his benefit, and that I did not receive AED 107,500 from him pursuant to such agreement or for such purpose, and that I do not owe the claimant this amount for any reason whatsoever, and God is my witness.” However, the defendant failed to attend the hearing scheduled for taking the oath despite being duly notified.
In its reasoning, the court stated that the defendant’s failure to appear and take the oath, without referring it back to the claimant or providing an excuse acceptable to the court, constituted a refusal to swear the decisive oath. As a result, the facts addressed by the oath were deemed established against him. Since the oath concerned the existence of the agreement between the parties, the defendant’s receipt of AED 107,500, and his liability for the amount, his refusal to take the oath established those facts. The court was therefore satisfied that the defendant remained indebted to the claimant for the amount claimed and had failed to repay it, warranting an order against him.
Regarding legal interest, the court noted that default interest serves as compensation for delay in fulfilling a monetary obligation. Since the debt was fixed and ascertainable and remained owed by the defendant, the claimant was entitled to legal interest. Accordingly, the court ruled that the defendant must pay the claimant AED 107,500 together with legal interest at 5% per annum from the date the judgment becomes final until full payment, provided that the interest does not exceed the principal debt awarded. The court also ordered the defendant to pay AED 5,000 in compensation and bear the court fees and expenses.