Al Ain court orders man to repay Dh24,800 mistakenly transferred to his account

The Al Ain Civil, Commercial and Administrative Court ordered a man to repay Dh24,800 to a woman after she mistakenly transferred the amount to his bank account and he refused to return it, instead seeking to repay the money in instalments.

The court also ordered the defendant to pay Dh3,000 in compensation for the material and moral damages suffered by the claimant.

According to court documents, the woman filed a lawsuit after transferring the amount to the defendant’s account by mistake. She said that once she realised the error, she immediately contacted him and requested the money back, but he refused to return it and unlawfully retained the funds, prompting her to pursue legal action, Emarat Al Youm reported.

The incident of unlawful appropriation was established by a criminal judgment previously issued against the defendant. In his defence, the man asked the court to limit any ruling to repayment of the original amount, reject the compensation claim, and allow him to repay the sum in instalments. He also argued that he had acted in good faith and had sought an amicable settlement, claiming the woman did not respond.

In its reasoning, the court said the final criminal judgment had already determined the facts common to both the criminal and civil cases, including the legal characterisation of the act and its attribution to the defendant. As a result, the civil court was bound by that ruling and could not revisit the facts, obliging the defendant to return the amount he had taken.

On the compensation claim, the court said that under the Civil Transactions Law, any harm caused to another party warrants compensation once fault, damage and causation are established. The criminal judgment confirmed that the defendant had unlawfully taken the claimant’s money, constituting a proven fault. This resulted in material damage, including costs incurred in attempting to recover the funds and loss of benefit, as well as moral damage in the form of anxiety and distress.

The court ruled that the defendant must repay Dh24,800, pay Dh3,000 in compensation, and cover all court fees and expenses, rejecting all other claims.