Khaberni - In a complex family case that reached the courts, the judiciary in Dubai closed the curtain on a bitter dispute between a woman and her sister, which began with an attempt to protect gold jewelry from the former's ex-husband, and ended with an accusation of "breach of trust" and the loss of a large part of the fortune.
The Dubai Civil Court ruled that the defendant sister must pay her sister 100,000 Dirhams in compensation, after criminally convicting her of breach of trust.
From "deposit" to struggle
The roots of the story go back to 2017, when the plaintiff turned to her sister to entrust her with a large amount of gold jewelry and trinkets for safekeeping.
This action was taken out of fear that her ex-husband would take them during their disputes.
The list, according to the plaintiff's story, included "rings, necklaces, complete gold sets in yellow and white, children's jewelry, and various bracelets," which were valued at about 300,000 Dirhams at the time.
After six years, specifically in 2023, the lady demanded the return of her deposits, but her sister "refused and withheld delivery," prompting the victim to file an official report.
Complicated legal path: between conviction and acquittal
The case witnessed several judicial twists. Initially, the criminal court convicted the accused and fined her 10,000 Dirhams, in addition to ordering her to pay the value of the gold at 300,000 Dirhams.
However, the defendant appealed and obtained an "acquittal."
The matter did not end here; the Court of Cassation intervened and overturned the acquittal, returning the case to a different division. In the second round, the court issued a final unanimous verdict of "re-convicting the accused and fining her 10,000 Dirhams" for breach of trust.
Nevertheless, the criminal court in its final judgment refrained from deciding on the value of the gold and the additional fine; due to not being confident in the plaintiff's estimations and the absence of invoices.
The civil lawsuit: demanding a million and compensated with 100,000
The dispute moved to the civil judiciary, where the aggrieved sister demanded an amount of 931,712 Dirhams as today's value of the gold, allegedly exceeding 2.25 kilograms, in addition to half a million Dirhams as compensation.
The defendant sister tried to file a "counterclaim," in which she offered to deposit some small sets and bracelets of jewelry in the court's safe, claiming they belonged to her.
However, the plaintiff refused to accept them, only recognizing "one earring and one heart".
Lack of evidence reduces compensation
The civil court relied on the legal rule "he who claims a right must prove it." It saw that the plaintiff did not present "evidence, invoices, or an accredited appraisal report" proving the accuracy of the claimed quantity and weight.
It also considered that the witness testimony was "general and unspecific" without an accurate physical description.
However, due to the established crime of "breach of trust" by the conclusive criminal judgment. And verifying that the plaintiff suffered "material damage" by being deprived of the jewelry and "moral damage" from the pain of betrayal among the sisters.
The court decided to obligate the defendant to pay a comprehensive compensation of 100,000 Dirhams, with legal interest.
