Claim AED 10,<> compensation
Farm owner accuses workers of damaging trees and causing sheep deaths
The Abu Dhabi Family Court and Civil and Administrative Claims rejected the farm owner's lawsuit. Archival
The Abu Dhabi Family Court and Civil and Administrative Cases rejected a lawsuit filed by a farm owner against a worker and another, who accused them of damaging trees and causing sheep deaths, and demanded 10,<> dirhams in compensation.
In the details, the owner of a farm filed a lawsuit, demanding that his worker (the farm guard) and another person be obliged to pay him jointly an amount of 10,<> dirhams, for the damages he suffered, as material compensation, noting that the defendants damaged trees and water basins, causing the death of sheep and destroying palms, after the first defendant (farm guard) left the farm without care.
The court said in the reasoning of its judgment that according to the decision of the Law of Evidence in Civil and Commercial Transactions, "the plaintiff must prove the right he claims, and the defendant may deny it", and it was decided that the burden of proving the alleged right falls on the shoulders of the one who invoked it, and that proof in civil matters is a negative position in which the judge receives evidence and denial without interfering in it, or drawing the attention of the litigants to the requirements of their defense.
She explained that for liability to exist, the causal relationship is required as an independent element of the fault, and expressed that it must be proven that if it were not for the error, the damage would not have occurred, and it was decided that the court was not obliged to conduct an investigation that was not requested by the litigants, noting that the papers were devoid of proof of the plaintiff's claim, that the defendant and the admitted opponent damaged the trees or caused damage to the water basins, which led to the death of sheep, and the damage of the palms owned by him, and the plaintiff did not request Conducting an investigation to prove the validity of his claims, and it was not proven that the cause of the damages suffered by him was due to the defendant's abandonment of his work, and therefore the lawsuit was filed without support, and the court ruled to dismiss the lawsuit as it stands, and obligated the plaintiff to pay the expenses and fees of the lawsuit.