Asian suits a company due to the treatment of 11 years

An old commercial incident, dating back to more than 11 years, has turned into a judicial dispute before the Dubai courts, after one of the dealers claimed that he transferred financial amounts of more than 50 thousand dirhams to a foreign company, calling for obliging it to return the amount, in addition to compensation to be a total of 101 thousand and 222 dirhams, in addition to fees and expenses, but the court refused the lawsuit to absence the definitive evidence for the validity of the transfer.

In detail, an Asian person filed a civil lawsuit referred by the friendly settlement center for disputes to the Dubai courts, in which he made it clear that he was associated with an investment contract with one of the companies, whereby 13 thousand and 753 dollars (equivalent to 50 thousand and 611 dirhams) to the company’s account, but he did not receive any service or recover the amount.

He said in a statement that he lost communication with the company and its manager completely for years, which prompted him to file the lawsuit, demanding that it be obligated to the amount demanded with benefits and fees.

The prosecutor submitted to the court documents that included email messages and a memo issued by the company in 2013 asking him to conduct financial transfer, while the defendant did not represent any session despite announcing a law, while the plaintiff came to his person and insisted on his requests.

To prove the validity of his allegations, the court assigned a financial expert to examine documents and verify any bank transfer. Indeed, the expert began his mission and reviewed all the documents, but he concluded in his report that the plaintiff did not provide any banking guide or an account statement that proves that he transferred the amount to the defendant, indicating that his papers provided are not enough to prove the debt.

After looking at the lawsuit and the report of the experience, the court clarified in the reasons for its ruling that “the court is decided that the court has the full authority in understanding the reality in the case and estimating the evidence and documents submitted to it, and weighing what you are reassured about, and putting what is other than it, and that it has the absolute authority in estimating the work of the people Its elimination of the causes that have its steadfast origin in the leaves, and leads to the result that it ended with.

She added that the basic principle in the law is “the innocence of the disclosure”, and that its preoccupation with debt is only based on conclusive evidence, and that the burden of proof falls on the plaintiff in accordance with the rules of the law of evidence and civil transactions. She explained that the court is inexpensive to direct the litigants to the means of proving them, but rather is separated in the dispute based on the documents and evidence submitted to it.

The court concluded that the plaintiff did not prove the validity of his lawsuit, and did not provide what was proven to transfer the amount to the defendant by any official means, which makes his lawsuit based on non -support from reality or the law, and accordingly, it ruled to reject the lawsuit and obligate the prosecutor to fees and judicial expenses.