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UAE: Man sues to evict brother living in his home for 20 years; case dismissed
Earlier an appeal court had overruled the Court of First Instance's verdict that the brother leave the complainant's house
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A man who had demanded that his brother be evicted from his house where he had stayed for 20 years has had his lawsuit dismissed on appeal.
The Abu Dhabi Court of Cassation upheld an earlier ruling by the appeals court that rejected the case against his brother.
The resident had filed the lawsuit demanding that his brother whom he had sheltered for 20 years be ordered to leave his home.
The Arab man said in his lawsuit that his brother had refused to comply with his order despite the fact that he had sheltered him for a long period of time. He said that he had allowed the defendant to stay in a separate wing at his home for a temporary period due to his financial situation, but he never left.
The complainant attributed his claim to the fact that he needed part of the house where his brother stayed for his sons, who have now grown up and need to stay separately.
The Court of First Instance had earlier issued a ruling ordering the brother to leave the plaintiff’s home basing on the evidence of joint ownership of the home by the complainant and his wife and the fact that the defendant had admitted to staying at his brother’s home for more than 20 years.
The defendant challenged the verdict to the appeals court stressing that the first court had no jurisdiction to hear his case.
The man also said he had lent a big amount of money to his brother’s wife who had failed to repay him, and that he was staying in the house in return for the money.
His lawyer also argued that there was an error in the application of the law because the property belonged to both the defendant and his wife, each owning 50 per cent shares, but only the man had filed a complaint against his client.
After hearing from all parties, the appeal court judge decided to dismiss the case.
But the complainant went to Abu Dhabi’s top court which has maintained the ruling by the appeals court.
The plaintiff was also told to pay for his brother’s legal expenses.
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