Khaberni - The Abu Dhabi Commercial Court (preliminary) ruled to oblige a students' guardian to pay a private school an amount of 64,663 dirhams, remaining from the due tuition fees owed by his children, and the court noted that the guardian (the defendant), despite being notified, did not appear in court to defend the lawsuit or present evidence clearing his liability.
In the details, a private school filed a lawsuit against a guardian of students at its institution, demanding that he pay an amount of 64,663 dirhams, and interest at a rate of 12% until full payment is made, and an amount of 5,000 dirhams as compensation for the damages resulting from his failure to pay what he owes, with him being obliged to cover court fees and legal expenses, pointing out the defendant's refusal to pay the tuition fees due on his children enrolled at the school. The school provided evidence for its claim including the defendant's identity, registration certificates, and account statements, while the defendant did not attend and was legally notified.
The court explained in its ruling reasoning that it is evident from reviewing the documents that the relationship between the plaintiff and the defendant arose when the latter registered his children for study at the plaintiff's institution according to the attached registration certificates, and it was established from the finance department's report at the plaintiff's institution as well as the issued account statements that the plaintiff was owed an amount of 64,663 dirhams by the guardian (the defendant), who had been legally notified and did not appear in court to push back against the lawsuit with any acceptable payment or defense, or to present evidence clearing his liability for the claimed amount, thereby proving the court's conclusion that the plaintiff is entitled to the claimed amount.
Regarding the interest request, the court pointed out the established engagement of the defendant's liability for the debt amount claimed, and his evidenced delay in payment, hence the plaintiff deserves compensatory delay interest, and the court ruled in absentia to oblige the guardian (the defendant) to pay the plaintiff school an amount of 64,663 dirhams with the delay interest on the adjudged amount, at a rate of 3% annually from the date of demand until full payment is made, not to exceed the principal of the debt, and obliged him to cover the expenses of the lawsuit and legal fees, rejecting any other demands.
