2023-04-18 22:41:59
Juma Al Nuaimi (Abu Dhabi)
The Abu Dhabi Court of Cassation ruled in a case of a commercial dispute between a real estate owner and her business agent to reject the agent’s request and oblige him to return the sale price of the villa – which he sold under the agency granted to him by the owner of the property, which is 3 million dirhams with material and moral compensation, and he determined the compensation and interest within the framework of his authority The estimated amount is a total of 300,000 pursuant to Article 183/1 of the Civil Procedure Code.
A complainant had filed a lawsuit once morest her business agent, in exchange for squandering the amount of 3 million dirhams for the property owned by her, which prompted her to the court to claim her right and pay the money owed with compensation.
The court stated that it was proven that the real estate owner’s business agent had committed a mistake that was represented in the unlawful act he committed, which was the seizure of the amounts subject to the claim under an agency, and this resulted in material damage represented in prejudice to the legitimate interest of the plaintiff and the loss of this interest by seizing the money, as well as She suffered moral damage represented in grief and sorrow, and therefore he must pay compensation to the complainant to compensate for these damages, which the court estimates at a total amount of 300 thousand dirhams, and her business agent is obliged to pay it to the complainant with interest at the rate of 4% annually from the date of the claim for the dissipation of the price of the property, and from the date of the judgment. Finally, with regard to compensation for material and moral damage, her business agent appealed the ruling, and the Court of Appeal ruled to reject her business agent’s request and uphold the ruling of the court of first instance.
Reject the agent’s request
In view of the aforementioned, the court decided to reject the request of the real estate owner’s business agent, and obligated him to refund the sale price of the villa that he sold under the agency granted to him by the real estate owner and specified in the sale contract and the penal judgment, as well as between the elements of the material and moral damages and determined the compensation and interest within the framework of his discretionary authority, explaining That what the business agent raises may not be raised before the court because it is nothing more than a controversy regarding the subject matter court’s authority to understand the reality in the case and evaluate the evidence presented in it, which is what the oversight of the Court of Cassation recedes from, which requires the decision not to accept the appeal in practice.
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