According to the Al Ain Court's ruling, a man's lawsuit against another was rejected because it was filed too soon; the man in question had previously agreed to pay 600,000 dirhams to the other party in exchange for him dropping his charges against the defendant.
The court rejects a premature lawsuit demanding 600,000 dirhams.
The Al-Ain Court dismissed a lawsuit in which a man demanded that another pay him 600,000 dirhams based on a prior agreement to waive a criminal report. The court ruled the lawsuit was filed prematurely.
A man filed a lawsuit demanding the defendant pay him 600,000 dirhams, along with a 9% delay in interest from the date of the judicial claim until full payment, and cover fees and attorney expenses. The plaintiff stated that, due to a dispute, he had filed a criminal report against the defendant. To settle the dispute, they agreed that the plaintiff would withdraw his report and any other complaints in exchange for the defendant’s commitment to pay him 600,000 dirhams within a year of the agreement. The plaintiff claimed he fulfilled his part by withdrawing the report, but the defendant failed to pay the agreed amount.
The defendant submitted a memorandum stating the plaintiff did not adhere to the waiver agreement as he did not withdraw the complaint before a notary public and the court. Consequently, a criminal ruling sentenced the defendant to 10 years in prison and a 121,000 dirhams fine for damages to the plaintiff’s property. The defendant argued that the waiver recorded at the police station had no significant legal effect. He contended that the lawsuit was filed prematurely and requested its dismissal, or alternatively, an investigation to hear his witnesses. The plaintiff, meanwhile, sought to add a new opponent to the lawsuit.
The court noted the plaintiff’s demand for 600,000 dirhams was based on a consensual agreement wherein the plaintiff would withdraw the complaint to stop criminal proceedings. The agreement stipulated that the waiver of the pending criminal case would meet the eligibility condition. However, a ruling in absentia sentenced the defendant to 10 years in prison and a 121,000 dirhams fine for damages to the plaintiff’s property.
The court observed that the plaintiff’s obligation was to achieve the result of nullifying the ruling's effects, which was not realized. Thus, the criminal ruling's reasons had not been adequately addressed, leading to the premature filing of the lawsuit. The court highlighted that the plaintiff's compliance with appearing before the police station and withdrawing the report did not fulfill the broader condition of negating the criminal ruling’s impact.
Court's Decision
The court ruled that the case could not be accepted against the defendant due to a lack of legal standing and because it was filed prematurely. Consequently, the court dismissed the case and ordered the plaintiff to pay the associated legal expenses.
The Al Ain Court's decision underscores the importance of fulfilling all conditions in a legal agreement before pursuing claims in court. The premature filing and failure to adhere to the formalities of the waiver agreement led to the dismissal of the lawsuit, emphasizing that all legal and procedural requirements must be thoroughly met to substantiate a claim.
