A woman organizes a “financial association” and refuses to hand over all of it when due

The Al Ain Court of Civil, Commercial and Administrative Claims ruled to oblige a woman to pay another 140,000 dirhams, the remainder of the value of her participation in a financial association organized by the defendant, and she refused to hand over its full value to her at the due time. The court also ruled to oblige her to compensate the plaintiff in the amount of 10,000 dirhams for the damages she suffered.

In the details, a woman filed a lawsuit against another in which she demanded that she be obliged to pay her an amount of 140 thousand dirhams, and the legal interest is 12% on the amount, while obliging her to compensate her in the amount of 30 thousand dirhams, in addition to fees and expenses, on the basis that she entered into an association managed by the defendant, and the monthly subscription was transferred throughout the duration of the association with a total value of 260 thousand dirhams, except that the defendant transferred to her an amount of 120 thousand dirhams in The association’s value was due, and it declined to transfer the rest of the amount.

During the hearing of the case, the defendant acknowledged that she was concerned about the amount of the claim in question, amounting to 140,000 dirhams, and stated that she was willing to pay it in installments, at the rate of 5,000 dirhams per month, but the plaintiff refused to pay the amount in installments.

The court stated in the merits of its ruling that what is stipulated in the Law of Evidence in Civil and Commercial Transactions is that acknowledgment is informing a person of a right owed to another, and acknowledgment is judicial if the opponent confesses directly before the court, or through any means of remote communication technology, to a legal fact against him, during the course of a lawsuit related to this fact, noting that the defendant ratified the lawsuit, and acknowledged in the trial session that she owed the plaintiff an amount of 140 thousand dirhams, which entails a request. The plaintiff is based on the law.

Regarding the plaintiff’s request for compensation for the material and moral damages she suffered, the court indicated that every harm to another obliges the perpetrator to guarantee the harm, and the defendant’s fault has been proven, and material and moral harm resulted from it, represented by the plaintiff not benefiting from the amount, and her feeling of psychological pain that she suffered as a result of the defendant’s action, and with the presence of a causal relationship between the error and the damage, the defendant is legally obligated to compensate for the harm.

The court set an amount of 10,000 dirhams as compensation for the damages suffered by the plaintiff.

It ruled to oblige the defendant to pay her an amount of 150 thousand dirhams, according to the reasons stated, and the expenses.