In a landmark ruling through using the Al Ain Court, a man turn out to be absolved of an alleged Dh200,000 debt after swearing under oath that he had never borrowed the money from his accuser. The case, which lacked concrete financial documentation, become in the long run decided through a decisive oath—a criminal provision in UAE law that resolves disputes while tangible evidence is absent.
Legal Dispute Over Alleged Loan
The lawsuit have become initiated via a plaintiff who claimed that the defendant had borrowed Dh200,000 from him 3 years ago but failed to repay the amount. Additionally, the plaintiff sought an additional Dh50,000 in damages, mentioning economic losses and felony expenses due to the behind schedule compensation.
As proof, the plaintiff supplied a witness who testified in assist of the declare. However, there has been no written or electronic documentation proving the existence of the loan. The absence of a formal agreement became a key factor within the felony proceedings.
Defense and Legal Arguments
The defendant’s criminal suggest argued that below UAE regulation, financial claims exceeding Dh50,000 require concrete documentation to be taken into consideration valid in court docket. Citing Article 66 of Law No. 35 of 2022, the protection maintained that a witness assertion alone changed into insufficient proof in such instances.
The courtroom upheld this argument, emphasizing that economic transactions of large fee should be sponsored with the aid of written contracts, financial institution transfers, or other reliable proof. The judge questioned why the plaintiff had did not provide the sort of documentation to aid his claim.
The Decisive Oath
With no extensive evidence to be had, the plaintiff requested that the defendant take a decisive oath, a Shariah-primarily based legal mechanism diagnosed by way of UAE laws. This exercise lets in a dispute to be resolved by using placing the obligation at the conscience of the accused party whilst fabric evidence is lacking.
The defendant solemnly swore in court, declaring, “I swear by means of Almighty God that I did no longer borrow Dh200,000 from the plaintiff and am now not answerable for the amount claimed. God is my witness.”
A decisive oath is considered a very last ruling in instances wherein a plaintiff can not offer adequate evidence. By taking this oath, the defendant basically affirmed his innocence beneath non secular and prison concepts, thereby resolving the dispute conclusively.
Court’s Ruling and Implications
Following the defendant’s oath, the courtroom ruled that the plaintiff’s declare had no criminal basis. As a result, the lawsuit become dismissed. Additionally, the plaintiff become ordered to bear all court fees and legal expenses according with Article 133 of the UAE Civil Procedure Law.
This case highlights the significance of retaining right monetary information while carrying out monetary transactions. Legal specialists stress that loans should always be documented thru written agreements, bank statements, or digital evidence to avoid disputes and capacity felony setbacks.
Legal Lessons from the Case
The Al Ain Court’s ruling serves as a crucial reminder for individuals and corporations accomplishing financial transactions within the UAE:
- Always Document Loans: Written contracts, digital statistics, or notarized agreements can function sturdy legal evidence in case of disputes.
- Witness Testimony Has Limits: As consistent with UAE regulation, claims exceeding Dh50,000 require formal documentation in place of verbal stories.
- The Role of the Decisive Oath: When a case lacks sizeable evidence, a decisive oath can be used to remedy the dispute. However, that is a unprecedented degree and is normally considered a ultimate resort.
- Legal Costs in Baseless Claims: Filing a declare with out proper evidence can cause additional monetary burdens, as courts can also order the claimant to cover prison costs.
A Precedent for Future Cases
This ruling units an vital precedent in the UAE’s felony landscape, reinforcing the necessity of economic prudence and proper documentation in lending practices. By upholding the principle that prison claims could be supported through concrete evidence, the courtroom has reinforced the significance of transparency and responsibility in monetary dealings.
For individuals accomplishing informal loans or business transactions, this case serves as a cautionary story—documentation is key to ensuring economic protection and criminal protection.
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