(MENAFN- Khaleej Times)

A civil court in Abu Dhabi has ordered a man (the defendant) to pay Dh11,000 to a woman (plaintiff) after he was found guilty of scamming her with a fake Instagram business advertisement.

The woman had filed a case asking for repayment of the amount, which she had transferred to the defendant after he advertised on social media that he owned a gold shop. The money was transferred to the man; however, the woman never received the gold she had paid for. Following a criminal investigation, Abu Dhabi Money Prosecution registered Case No. 2191-2025, which resulted in the defendant being fined Dh20,000 for fraud.

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She then filed a lawsuit in the civil court and submitted the original decision of the Reconciliation and Conciliation Committee and a copy of the criminal judgment. The civil case was heard over multiple sessions, with the woman attending, while the man did not show up for the sessions.

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The court reviewed the case based on the evidence and documents presented, and stated that under UAE law, no one has the right to take someone else's money without legitimate cause. Article 318 of the Civil Transactions Law states that no one may take someone else's money without a legitimate reason. If he takes it, he must return it.

The criminal court had already convicted the defendant for defrauding the plaintiff and taking Dh11,000. That criminal judgment is now final and cannot be challenged. Because of this, the civil court must accept the criminal court's decision as conclusive. According to the UAE Court of Cassation, if a criminal court has already ruled on a case, civil courts must accept that ruling. This means the civil court cannot question or contradict the criminal court's decision when it relates to the same act or facts.

The court therefore ruled that the defendant must repay the woman Dh11,000 and cover all related lawsuit fees and expenses, in accordance with UAE civil law.

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