A UAE court orders a young man to return 100,000 dirhams after stealing it

Asma Ahmed - | UAE

The Abu Dhabi Family, Civil, and Administrative Claims Court has issued a verdict requiring a young man to reimburse a sum of 100,000 dirhams he unlawfully obtained from another individual, along with paying an additional 10,000 dirhams as compensation for both material and moral damages inflicted upon the victim.

In a detailed account, a plaintiff initiated legal proceedings against two young men, seeking restitution of 100,000 dirhams and compensation totaling 20,000 dirhams, alongside applicable fees and expenses. It was alleged that the defendants illicitly acquired 100,000 dirhams from the plaintiff, and subsequently retained the amount, resulting in criminal convictions against them.

The court, in its deliberations, underscored the conclusive nature of the criminal judgment, which convicted the primary defendant for embezzling 100,000 dirhams from the plaintiff. Consequently, the verdict holds the force of res judicata in matters brought before the civil court, precluding reevaluation of liability elements. The court emphasized the establishment of error on the part of the primary defendant, attributing damages to the plaintiff as a direct consequence of this error. The unlawful act forming the basis of both criminal and civil claims aligns, warranting the court to establish liability for the defendant.

With regard to the plaintiff's demand for the restitution of 100,000 dirhams, the court invoked provisions of the Civil Transactions Law, emphasizing the obligation to return unlawfully obtained funds and compensate for any gains or benefits derived therefrom. The court mandated the primary defendant to reimburse the claimed amount accordingly.

Furthermore, the plaintiff sought 20,000 dirhams in material and moral compensation. The court acknowledged the material harm inflicted upon the plaintiff due to the deprivation of benefits from the stolen amount, resulting in financial losses and emotional distress. It deemed 10,000 dirhams as adequate compensation for both material and moral damages incurred.

Consequently, the court ruled in favor of the plaintiff, obliging the primary defendant to pay 110,000 dirhams in restitution and covering the associated legal expenses.

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Asma Ahmed
Asma Ahmed
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