UAE Court Rejects Man Lawsuit for Eviction his sister from their Father House
A legal dispute unfolded when a man sought to evict his sister from their father's house, despite being under interdiction.
The Ras Al Khaimah Civil Court of First Instance, however, rejected the lawsuit, emphasizing procedural flaws and mandating the plaintiff to cover expenses and attorney's fees.
Ras Al Khaimah Court Rejects Lawsuit, Orders Plaintiff to Pay Expenses
The plaintiff alleged that his sister, residing in their father's house with three adult children, had been receiving maintenance since 1999. He contended that she refused to vacate the property, preventing him from benefiting from it. Additionally, he demanded the inclusion of their interdicted father in the lawsuit.
Legal Challenge and Ruling:
The defendant's representative argued that the lawsuit was improperly filed without the required permission from the estate judge. The court ruled that including the interdicted father in the lawsuit was impermissible, as he is considered incompetent to initiate legal disputes. Moreover, the court highlighted that a guardian may not file a lawsuit without court permission, especially if the delay wouldn't harm the minor or jeopardize their rights.
Procedural Invalidity:
The court pointed out that the legislator must obtain permission from the Personal Status Court for a guardian to initiate legal proceedings on behalf of the interdicted person. The lawsuit lacked evidence of obtaining such permission, rendering the procedure invalid. Without urgency or proven harm to the interdicted person, the court stressed the importance of adhering to proper legal procedures.
The Court secision and Consequences:
The court, invoking public order, chose not to accept the lawsuit due to its procedural shortcomings. The absence of urgency in the plaintiff's claim negated the need for immediate filing without court permission. Consequently, the court ruled against the plaintiff, ordering the payment of expenses and attorney's fees.
This case underscores the legal intricacies surrounding interdicted individuals and emphasizes the significance of adhering to proper legal procedures when initiating legal actions on their behalf.