A girl sues her brother over a 15,000 dirham advance that he considered a gift

The Abu Dhabi Family, Civil and Administrative Claims Court ruled that a young man must pay his sister an amount of 15 thousand dirhams, which she had transferred to him as a loan. He refused to return the amount and claimed that it was a gift from her to help him.

In the details, a girl filed a lawsuit against a young man, in which she demanded that he be obliged to pay her an amount of 15 thousand dirhams, along with obligating him to pay fees and expenses and in exchange for legal fees, noting that the defendant asked her, by virtue of their kinship and family ties, for financial assistance due to his going through hardship, so she responded and transferred several sums of money to him, at different intervals, via bank transfers, the total of which amounted to the claim amount, as a loan, with the obligation to return it later. However, despite her repeated demands for him to pay, he continued to procrastinate without legitimate justification, despite the fact that he had received the amounts and acknowledged them according to the conversations exchanged between them and the supporting bank documents. Her attempts to settle the dispute amicably did not succeed, even after the intervention of the police authorities and his pledge to pay, as he continued to refrain from fulfilling his obligation, while the defendant confirmed that the amount was as a gift, but he did not mind returning the amounts if this was decided.

During the hearing of the case, the court decided to direct the complementary oath to the plaintiff, so she swore it in the form: “I swear by God Almighty that all the amounts transferred to the defendant, amounting to 15 thousand dirhams, were as an advance and a debt and not a gift or donation, and that his debt is still occupied with that amount and nothing has been paid from it, and God is a witness to what I say.”

For its part, the court explained in the merits of its ruling that the supplementary oath is nothing but a measure taken by the judge on his own initiative, out of his desire to investigate the truth in order to complete incomplete evidence, whenever the case is devoid of complete evidence, indicating that it saw in the documents submitted within the lawsuit papers evidence of what the plaintiff claims and completed it by directing the supplemental oath to her. The defendant also attended and was unable to prove the inaccuracy of what the plaintiff claims, in addition to the absence of the lawsuit papers indicating that he had paid the amounts claimed, and then it considers The court determined that his debt was occupied by that amount for the benefit of the plaintiff, and the court ruled to oblige the defendant to pay the plaintiff an amount of 15 thousand dirhams, obligate him to pay fees and expenses, and reject any other requests.