Court rules that lender failed to prove debt
The Abu Dhabi Commercial Court has dismissed a bank’s lawsuit against a man and his wife who were accused of defaulting on a personal loan worth Dh283,345, ruling that the bank failed to provide sufficient evidence to support its claim.
According to court documents, the bank had granted the husband a personal loan, guaranteed by his wife, and later sought repayment of the outstanding amount with 12 per cent annual interest. The bank submitted copies of the loan agreement, the guarantee, post-dated cheques, a salary certificate, and a brief account statement.
However, the court ruled that the evidence fell short of legal requirements. It said the bank’s summary statement did not meet the standards of detailed account records typically provided to clients, as it lacked a full breakdown of withdrawals, payments, and instalments.
Emphasising that the burden of proof lies with the claimant, the court found no conclusive evidence that the couple had defaulted on the loan. The lawsuit was dismissed in its current form, with the bank ordered to pay court fees and legal costs.
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