Woman loses Dh70,000 loan for filing late appeal

ABU DHABI — A female citizen lost the chance to redeem the Dh70,000 she lent to a fellow citizen — who refused to pay it back — for appealing too late, as ruled by the Court of first Instance.

By A Staff Reporter

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Published: Mon 3 Jul 2006, 9:51 AM

Last updated: Sat 4 Apr 2015, 7:06 PM

The Federal Supreme Court stated that the appeal filed by the plaintiff was rejected because she contested the verdict issued by the Court of Appeal three months after it was issued, knowing that the grace period (legal period) for filing an appeal is one month after issuing a verdict.

The plaintiff, Razqah Abdullah, filed a lawsuit against her compatriot Dhiyab Khamis, demanding him to pay back the Dh70,000 he borrowed from her on January 31, 1999, when he promised to return it in a period of three months, but did not stand up to his promise and refused to pay.

Razqah demanded the full payment of the amount, plus the charges and expenses of the lawsuit, in addition to the lawyer’s charge.

The defendant was informed about the trial twice, but he did not attend the hearings. However, the Abu Dhabi Court of First Instance referred the case for investigations, where two witnesses (Salim Taleb, Khalid Tobuq) took the stand and testified that the plaintiff did lend the defendant the amount of Dh70,000.

Meanwhile, the court issued a verdict on June 30, 2002, ordering the defendant to pay Dh70,000 to the plaintiff, in addition to the expenses, but he appealed against the verdict before the Court of Appeal, which in turn issued a verdict on December 7, 2004, quashing the previous one and rejecting the lawsuit.

The plaintiff had no choice, but to appeal against the verdict demanding the verdict of the Court of First Instance to be effective.

The Supreme Court turned her down by rejecting her plea for appeal, because she exceeded the legal grace period for filing an appeal, which is 30 days from the issue of the verdict.

The court also clarified that the plaintiff received a copy of the appeal verdict on December 19, 2004, while the appeal was filed on March 30, 2005, after three months, what makes it illegal for being too late to be accepted.

Based on the above, the court decided to reject the appeal on June 19, 2006, and ordered the plaintiff to bear with the expenses, in addition to Dh1,000 for the defendant’s lawyer charges and confiscation of the deposit she paid.

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