Khaberni- Abu Dhabi Court for Family, Civil and Administrative Cases ruled that a fraudster must return an amount of 15,850 dirhams to a woman he deceitfully took from her, after making her believe he had the ability to get her husband out of jail. The court also ruled that the defendant should pay the plaintiff 1,500 dirhams as compensation for material and moral damages suffered.
In detail, a woman filed a lawsuit against a man, demanding he returns to her the amount of 15,850 dirhams and compensates her with 7,000 dirhams for material and moral damage, including court fees and expenses. She stated that the defendant had claimed the demanded amount after deceiving her that he could release her husband from prison, and he was criminally convicted and fined as a result.
The court explained in its reasoning that the criminal judgment confirmed the defendant's guilt of fraudulently appropriating the cash amount owned by the plaintiff. The judgment had become final, which necessarily confirmed the occurrence and legal characterization of the act common to both the civil and criminal cases, and its attribution to the perpetrator. The defendant did not attend to present evidence of his discharge from the amount, hence the lawsuit is established on a valid basis of fact and law.
Regarding the request for material and moral compensation, the court noted that according to the established civil transactions law, any harm to others obligates the perpetrator, even if lacking discernment, to compensate for the damage. The facts and documents showed the plaintiff suffered material damage due to the defendant’s action in withholding the amount without benefit, and the harm resulting from the appropriation of the demanded amount. Moreover, this unlawful act also caused the plaintiff distress and pain, entitling her to compensation.
The court ruled that the defendant must pay the plaintiff the amount of 15,850 dirhams, as well as material and moral compensation valued at 1,500 dirhams, and cover the lawsuit expenses and fees.
