Today's Edition
JUMAA AL NUAIMI (ABU DHABI)
In a recent ruling, the Abu Dhabi Family, Civil, and Administrative Court settled a dispute between a creditor and a debtor. The court found in favour of the affected creditor, obligating the debtor to pay Dh157,000, corresponding to the notifications attached to the deposit of the claimed amount into the creditor’s account.
Despite the debtor’s attendance, no payment or defence was made during the lawsuit proceedings. Consequently, the debtor is now required to cover the expenses and fees associated with the case, as outlined in Article (133) of the Civil Procedures Law.
The plaintiff, acting as the creditor, had filed a lawsuit against the debtor, alleging that the debtor borrowed Dh157,000, which was transferred from the creditor’s account but not returned. Alongside the claim, the plaintiff asked for interest at a rate of 12%, provided images of the financial deposit notifications as evidence.
The court emphasised that, according to Article (113) of the Civil Transactions Law, the burden of proof lies with the creditor to establish their right, while the debtor must deny the claim. The presumption of innocence applies, and the plea of engagement serves as a defence. Any party challenging the presumption must substantiate their claims. In civil matters, the judge maintains a passive role, receiving evidence from both sides without intervening or drawing attention to the requirements of their defence.
