A girl filed a lawsuit against a young man before the Al Ain Court of First Instance, asking him to oblige him to pay her the amount of 27,000 dirhams delivered to him as debt and, as a precaution to refer the case for investigation, hear the testimony of witnesses, and direct the decisive oath to the defendant.
Explaining her claim, she said that she lent the defendant the amount claimed in order to solve problems he faced at work, and a year and a half passed, and he did not refund the amount, while the defendant submitted a reply memorandum in which he denied his preoccupation with the complainant with the amount claimed.
During the consideration of the case, the court interrogated the defendant and asked him whether his debt to the complainant was occupied with the amount claimed, but he denied, as the complainant decided, that she adheres to the requests contained in the claim statement by directing the decisive oath to the defendant. In the form of “I swear by God Almighty that I did not receive from the complainant an amount of 27 thousand dirhams as a loan and that my debt to her is not occupied with this amount.”
In the rationale for its ruling, the court clarified that it is legally established that each of the two litigants, in whatever state the case is in, may direct the decisive oath to the other litigant, provided that the incident on which the oath is focused is related to the person to whom it is directed.
She noted that it is established that the complainant requested proof of her claim to take the decisive oath to the defendant, so the court directed him to take the decisive oath, and he took her oath in the prescribed form. Accordingly, the court ruled to reject the case and obligated the plaintiff to pay the expenses.
