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Dubai Civil Court of First Instance ordered a man to pay Dhs15,000 to an educational institution, representing outstanding tuition fees based on a cheque, along with legal interest of 5% from the due date until full payment, in addition to fees, expenses, and attorney’s fees.
The details of the case date back to when an educational institution filed a lawsuit to recover the value of a cheque issued by the man in January 2013 for outstanding tuition fees.
The institution affirmed that it had repeatedly contacted the man amicably to settle the amount before sending him a legal notice in June 2022 without receiving a response, which prompted it to resort to the Centre for Amicable Settlement of Disputes (CASE) and then file the lawsuit before the court.
During the consideration of the lawsuit, the defendant argued for the inadmissibility of the lawsuit, claiming the dissolution of the plaintiff’s legal personality.
He also insisted on the expiration of the right due to prescription and the lapse of the right to claim the value of the cheque due to the passage of legal period.
However, the court rejected his defences, clarifying that the appellee did not provide any evidence to prove the dissolution of the plaintiff’s legal personality, and that the legal notice issued before the completion of the legal prescription period led to its cancellation and the start of a new period.
The court also affirmed that the appellee did not provide any evidence to prove payment of the cheque’s value, adding that since the documents were devoid of any evidence denying the reason for issuing the cheque or proving the expiration of the obligation to pay it, the court considered the debt to be established against the appellee and ordered him to pay the tuition fees of Dhs15,000, along with legal interest of 5% from the due date until full payment, as well as fees, expenses, and attorney’s fees.
