3 defendants managed to seize 330,000 dirhams from a woman, using fraudulent methods, as they deluded her of their ability to invest her money and achieve a large profit margin, which prompted her to hand them the amount, while the Al Ain Court of First Instance obligated them to return the amount and to pay her 10,000 dirhams in compensation for damages. Literary and material affected.
In the details, a woman filed a lawsuit in which she demanded that 3 defendants be obligated, jointly and severally, to pay her an amount of 330 thousand and 168 dirhams and compensation in the amount of 100,000 dirhams, material and moral compensation for the damages she sustained as a result of the defendants’ act and felony, as well as fees and expenses and in exchange for attorneys’ fees, noting that That the defendants appropriated the claimed amount and were convicted under a criminal judgment.
During the consideration of the case, the plaintiff attended and the defendants were prepared via video communication by the penal and correctional facilities, and they all denied receiving sums of money from the plaintiff, while the court ruled, and before deciding on the matter, that the plaintiff took the completed oath, so I swore to her in the form of “I swear by Almighty God that I am in the custody of the defendants.” The amount and capacity of 330 thousand and 168 dirhams, which is the amount seized by the defendants and that their debts are still occupied by me with this amount, and God is a witness to what I say.
For its part, the court clarified in the merits of its ruling that it is established from the case papers that the defendants were convicted under a penal ruling for the charge of seizing the cash amount owned by the victim (the plaintiff), by using fraudulent means that they were going to invest the amount, which led to deceiving her and making her surrender. And this judgment has become final, the matter with which this judgment has gained the power of the thing res judicata, and it has made a necessary chapter in the occurrence of the error and attributing it to the perpetrator, noting that she supplemented the evidence with the decisive oath, and the plaintiff took her oath, and then the judiciary must oblige the defendants to perform it jointly. Among them the amount claimed.
As for compensation in the amount of 100,000 dirhams, the court indicated that it is decided, according to the Civil Transactions Law, that every harm to others obliges the doer, even if he is not distinguished, to guarantee the damage, and the defendants’ mistake was consistent and the damage resulted in the plaintiff feeling psychological pain inflicted by her and depriving her of benefit With her money, and there is a causal relationship between the error and the damage, the defendants are legally obligated to compensate her for that damage, and the court estimates the compensation due to her in the amount of 10 thousand dirhams, and the court ruled to oblige the defendants jointly with each other to pay the plaintiff an amount of 340 thousand and 168 dirhams according to the reasons and expenses and the amount of Three hundred dirhams for attorney fees.