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Al Ain Court of Civil, Commercial and Administrative Cases ordered a man to return Dhs75,000 and fined him Dhs5,000, to another man who purchased a motorcycle from him.
After inspecting the vehicle he found was in good condition so he signed a cheque for its price. The seller encashed the cheque but refused to deliver the motorcycle.
The court decided the case by directing the decisive oath to him.
In the details, a man filed a lawsuit against another, requesting a judgment to rescind the sales contract and restore the situation to what it was before signing it, and ordering him to pay him Dhs100,000, with compensation of Dhs50,000, besides a legal interest of 12% annually from the date of the claim until full payment, as well as the fees and expenses of the lawsuit and attorney fees.
The complainant stated in his lawsuit that he signed a contract with the appellee to buy a motorcycle from him, acknowledging that he had fully inspected the motorcycle and that they agreed that the sale price would be Dhs100,000, paid via a bank cheque.
He added that he handed the cheque over to the appellee but the latter did not deliver the motorcycle, which constitutes a breach of his contractual obligations and a violation of the principle of good faith.
The complainant also explained that the appellee used the cheque, despite not delivering the motorcycle, which led him to file the lawsuit.
The complainant requested to hear a witness, so the court listened to the witness who testified after taking the legal oath that he had a friendship with the complainant, and had previous dealings with the appellee, adding that he accompanied the complainant to the appellee’s shop to complete the purchase deal and that he did not enter the meeting place but stayed outside the shop.
He added that later he learned of the completion of the agreement and that the complainant left the place without having the motorcycle in his possession, and that he accompanied him on the way back and had no knowledge of any other facts.
