A businesswoman accuses her assistant of selling her car and obtaining her price for himself

The Abu Dhabi Family and Civil and Administrative Courts decided to reject a lawsuit filed by a businesswoman against her assistant, accusing him of selling her car under an official power of attorney that she had prepared for him to help her work, and refused to hand her the price of the car of 110,000 dirhams.

The court indicated that the lawsuit papers are free of any legal evidence that proves the validity of what the plaintiff claims, especially with the performance of the defendant to the complement.

In the details, a woman filed a lawsuit against a man, in which she requested that he be obligated to lead her to 110,000 dirhams with interest, and to compel him to fees and expenses and in exchange for law fees, noting that she had edited him with a semi -public agency to carry out specific actions that he requested from him, so he sold the car owned and transferred the ownership to the buyer in another emirate, and kept the price for himself and did not return it despite its friendly attempts.

The defendant submitted an answer note at the end of which the judiciary rejected the lawsuit in the form of the lack of validity of the local jurisdiction, the subject of the lack of validity and the lack of evidence, and a reserve to refer the lawsuit to technical experience, and obligate the plaintiff to fees and expenses and in exchange for law fees.

During the consideration of the lawsuit, the court decided to direct the oath to the defendant and swore it, stressing that what the plaintiff claims in her lawsuit from receiving a sum of money in exchange for selling her car according to the agency granted to him is “incorrect”, and that his custody is “not preoccupied with the full amount that she claims, nothing less of it, or more.”

For its part, the court refused in the reasons for its ruling, pushing the defendant not to compete with the Abu Dhabi courts in the consideration of the dispute on the basis that he resides in Dubai, noting that the fixed papers that the transfer of ownership was made in the Emirate of Abu Dhabi, and then the case similar is related to a financial claim emerging for a contract that was implemented in Abu Dhabi, and the courts of the emirate are the competent to consider the dispute.

And on the request of the plaintiff, which is to obligate the defendant to lead her to 110,000 dirhams with interest, she indicated that the report of the technical expert delegated by the court concluded that the car is the subject of the dispute and returned to the plaintiff has been transferred through digital services, “Tam” and “digital identity”, and that the transaction was completed using the powers granted to the plaintiff to sign the sale process and the completion of the car’s assignment to the buyer, and that the transfer process was not done Its or manually through the agency granted to him, and it is not possible to assert that he received the amount of the sale of the car, as the plaintiff claims.

The court indicated that the lawsuit papers are free of any legal evidence that proves the validity of what the plaintiff claims, without changing that what you claim from the existence of “WhatsApp” messages issued by the defendant, because the messages do not have an explicit declaration of the claim of the defendant, in addition to the defendant’s denial of the incident.

In the above, the court saw a presumption of the defense of the defendant’s defense, and that presumption was completed by directing the complementary oath, and then proves to her the incorrectness of what the plaintiff claims. She was sentenced to reject the lawsuit, and obligate the plaintiff to fees the lawsuit and its expenses.