UAE: Man cleared of Dh200,000 'debt' after swearing in court he didn't borrow amount
The plaintiff filed a lawsuit claiming the defendant owed him Dh200,000, along with an additional Dh50,000 for delays that allegedly caused financial losses and legal fees. As proof, the plaintiff presented a witness but had no legal documentation to confirm the loan.
The defence lawyer argued that a witness testimony could not be used as evidence for financial claims exceeding Dh50,000, citing Article 66 of Law No 35 of 2022. The court upheld defence argument, noting that the plaintiff had no valid reason for failing to provide written or electronic proof of the loan.
Given the lack of documentation, the plaintiff requested that the defendant be asked to take a decisive oath — a Shariah concept followed by UAE laws when a case lacks material evidence. The defendant swore under oath: 'I swear by Almighty God that I did not borrow Dh200,000 from the plaintiff and am not liable for the amount claimed. God is my witness.'
A decisive oath serves as a final resolution to a dispute when one party cannot provide evidence, leaving the case to be settled based on the conscience of the opposing party. Once taken, it conclusively determines the outcome.
Following the oath, the court ruled that the plaintiff's claim had lost its legal basis and dismissed the case. The plaintiff was also ordered to cover all court fees and expenses, in line with Article 133 of the Civil Procedure Law.
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