In a recent legal case adjudicated by the Abu Dhabi Family, Civil, and Administrative Claims Court, justice was served as it ruled in favor of a plaintiff who fell victim to fraudulent activities orchestrated by three defendants.
Civil and Administrative Claims Ruling
The defendants were found guilty of seizing 165,000 dirhams from the plaintiff under false pretenses, posing as investors in a villa, and subsequently renting it to the plaintiff. The court not only ordered the restitution of the fraudulently obtained amount but also mandated an additional payment of 35,000 dirhams in compensation to the plaintiff.
The lawsuit was initiated by a man and his wife against four individuals, seeking the recovery of 175,000 dirhams along with 51,000 dirhams as compensation for the damages incurred, both material and emotional. The plaintiff's ordeal began when he entered into an agreement to rent a villa, only to discover later that he had been deceived by the defendants, who assumed false identities. Despite attempts by the defendants to evade legal repercussions, including one defendant claiming a lack of legal capacity, the court found merit in the plaintiff's claims.
The court dismissed the plea of the first defendant, who argued against the acceptance of the case due to a purported lack of standing. Citing the findings of the Public Prosecution, which excluded the defendant from indictment after repayment of a portion of the amount in question, the court deemed the lawsuit against this defendant unsubstantiated. However, the court held the remaining defendants accountable for their actions.
It was established that the sum of 165,000 dirhams, fraudulently obtained from the plaintiff, was attributed to the second defendant, who failed to appear in court or provide any defense. Consequently, the court held the second defendant liable for the wrongful act. The third and fourth defendants, having been implicated in criminal rulings, were also found responsible for causing damages to the plaintiff.
The court recognized that the defendants' actions led to both material and emotional harm to the plaintiff. Material damages included the deprivation of the plaintiff's rightful earnings and the inability to utilize the seized amount for personal endeavors. Moreover, the emotional toll on the plaintiff, manifesting as grief and distress, was acknowledged by the court.
The Court's Verdict and Compensation
In addressing the plaintiff's plea for compensation, the court deliberated on the extent of the damages inflicted. While the plaintiff sought 51,000 dirhams, the court determined that an award of 35,000 dirhams adequately addressed both the material and emotional suffering endured by the plaintiff.
In its final verdict, the court declined the lawsuit against the first defendant, imposed joint liability on the second to fourth defendants to reimburse the plaintiff 165,000 dirhams, and ordered them to cover all associated fees and expenses. This ruling not only rectified the injustice suffered by the plaintiff but also upheld the principles of justice and accountability in the legal system.