Failed to take the decisive oath to clear its liability from indebtedness

A woman is obliged to pay 74,<> dirhams to her friend

Al Ain Court of First Instance ordered a woman to pay her friend 74,<> dirhams, after she failed to take the decisive oath to clear her of her debt to the plaintiff.

In the details, a woman filed a lawsuit against her friend, demanding that she be obliged to pay her an amount of 74,12 dirhams, and legal interest at 122% from the date of the claim until full payment, noting that she transferred 300,<> dirhams as a debt, provided that the latter refunds the amount in monthly installments.

She added that her friend paid a total of 48,300 dirhams of the amount, and remains in her possession of 74,<> dirhams that she did not commit to pay, despite her friendly claim.

A copy of a bank statement, a copy of a WhatsApp conversation and documents related to the lawsuit were substantiated.

She also demanded that the decisive oath be directed to her.

The court decided to direct the decisive oath to the defendant in the form of «I swear by God Almighty that I did not borrow from the plaintiff the amount claimed, and that my debt is not occupied for her in the amount of 74 thousand dirhams, and God is what I say a martyr».

A swearing-in hearing was scheduled, but the defendant did not attend. The court found that she had been given the decisive oath addressed to her by text message.

In its ruling, the court clarified that, in accordance with the decision of the Law of Evidence in Civil and Commercial Transactions, each of the litigants may, in any case in which the case is filed, direct the decisive oath to the litigant, provided that the incident on which the oath is directed relates to the person to whom it is directed. The person to whom the decisive oath is directed may return it to his opponent, provided that it is not permissible to respond if the oath is focused on an incident in which the two opponents do not participate, but rather the person to whom the oath is directed is independent. It is not permissible for the person who has taken the decisive oath or rejected it to revert to that effect when his opponent has accepted to take an oath.

The court noted the availability of the legally prescribed tapes of the decisive oath, addressed by the plaintiff to the defendant, and did not contain any arbitrariness or violation of law, public order or morals, and therefore the court accepted to direct them to her. However, the defendant failed to appear despite her declaration, so the plaintiff's claim to the defendant for the amount of 74,<> dirhams, transferred to her at her request, is sacrificed as a debt recovered on a valid bond.

The court ordered the defendant to pay the plaintiff 74,<> dirhams.