Dispute over ownership of property worth AED 4 million

A man demands a villa for his wife and one million dirhams in compensation

Abu Dhabi Appeal dismissed the lawsuit after the wife took the decisive oath. Archival

The Abu Dhabi Court of Appeal for Family and Civil and Administrative Cases upheld a ruling by the Court of First Instance, which rejected a man's lawsuit demanding that his wife transfer the ownership of a villa to his name or pay him four million dirhams, in addition to one million dirhams in compensation.

In the details, a man filed a lawsuit before the Commercial Court against his wife, and a real estate company, demanding that the first defendant against the second defendant be obliged to transfer the ownership of a villa to his name, and in reserve to oblige the first and second defendants jointly to pay him three million and 966 thousand dirhams for the price of the villa, and to pay him one million dirhams as compensation.

He explained that he and the first defendant have a marital relationship and they have children, and that he bought a villa and because it was not possible to register it in his name, the purchase contract was concluded with the company «the second defendant» in the name of his wife with a total of four million and 47 thousand dirhams, which were paid by two checks from his bank account to the company's account, and after the reason for the inability to register the property in his name was removed, he demanded his wife to transfer the ownership of the villa to him, but she refused to do so.

While the company's lawyer argued that it is not a party, while the defendant (wife) argued that the Commercial Court, the Family Court, Civil Lawsuits and the Judiciary did not have jurisdiction over the lawsuit for lack of validity, and submitted an advisory account report regarding the plaintiff's payment of the price of the villa with its own funds after obtaining a loan.

The Commercial Court ruled that it lacked jurisdiction to hear the dispute and referred it to the Partial Civil Department of the Abu Dhabi Family Court and civil and administrative lawsuits, and in implementation of that judiciary, the lawsuit was referred to the Court of First Instance and deliberated before it, and the Court of First Instance ruled to reject the lawsuit and obligated the applicant to pay the expenses.

The plaintiff did not accept this judiciary and filed his appeal on the appealed judgment for lack of causation, as it ruled that his applications were rejected despite the fact that it was established in the papers that he had paid the value of the villa, and did not prove that this payment was a donation or gift, and that the marital relationship was a moral impediment to proving the agreement between him and the wife, and demanded that the decisive oath be directed to her.

The court ruled to accept the appeal in form and before deciding on the subject of the appeal by directing the decisive oath to the first respondent, so it swore in the form of «I swear by God Almighty that the appellant did not pay from his own money the price of the villa or any part of its price, less or more, and that there is no agreement between me and him to transfer the ownership of the property to his name or 50% of it, and that I own the property 100% pure ownership without a partner, and I paid the full price of it from my own money, and God is what I say a martyr».

In its reasoning, the court stated that the plaintiff's statements that he paid the amount by way of loan or trust came without evidence or support, and the appellant did not come up with anything new to change the face of opinion in the appealed judgment, and resorted in his request to direct the decisive oath to the wife, which entailed resolving the dispute regarding the incident that was the subject of it, so that the opponent may not prove that fact by other means of proof.

A man demands that his ex-wife refund 40,<> dirhams of alimony

The Abu Dhabi Family Court and Civil and Administrative Cases rejected a man's lawsuit against his ex-wife demanding that she be obliged to refund 40,<> dirhams in alimony paid after their daughter joined a job and her alimony was suspended.

In the details, a man filed a lawsuit against his ex-wife, demanding that she be obliged to pay him 40 thousand and 780 dirhams, pointing to a judicial ruling from the Personal Status Department obliging him to pay monthly alimony 2000 dirhams for each child, and then a ruling was issued to stop the girl's alimony, but the accountant's report was issued to deduct the amount claimed after the date of stopping the girl's alimony for joining a job, while the woman submitted a memorandum demanding that the lawsuit not be accepted for filing it in an unrelated capacity, and also insisted on the lack of jurisdiction of the court.

The court stated in the reasoning of the judgment that it is proven that the plaintiff filed the lawsuit and obligated the defendant to pay him the amount of 40 thousand and 780 dirhams the amount of alimony suspended in respect of their daughter, and the papers were devoid of proof of that payment after the issuance of a judgment in a personal status lawsuit, and that it is proven by a certificate to whom it may concern that the total amount executed for him is 40 thousand and 780 dirhams, and that the amount paid is «zero» dirhams, meaning that the plaintiff did not initiate the payment of there are amounts of money in the implementation After the issuance of the judgment to stop the alimony of his plaintiff son, and then his statements were sent in this regard, and he was in charge of proving his claim and establishing evidence for what he claims, and thus he based his lawsuit on statements sent that have no evidence of reality, and the court ruled to reject the lawsuit.