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A dates farmer in Al Ain has been instructed to pay Dh45,500 to a businessman as brokerage after selling the latter’s dates to a packing and supplying company.
The farmer had received Dh195,500 from the buyer, but he refused to pay the commission to the businessman, which was in breach of their agreement.
Official court documents stated that the complainant had agreed with the defendant to take dates worth Dh150,000 from his farm without making any payment, sort and pack them before selling them to a company dealing in dates. The businessman was supposed to get anything that exceeded Dh150,000 value for the dates, as his commission.
After selling the dates, a total amount of Dh195,500 was deposited into the farmer’s bank account.
The farmer was supposed to pay Dh45,500 to the businessman as agreed upon in the purchase contract, but he refused to do it.
The businessman filed a lawsuit against the farmer demanding that he pay the cash. The man also presented a copy of the purchase agreement between him and the farmer.
In court, the farmer denied the complainant’s claims stressing that the man didn’t even have a commercial license.
The man however argued that he had a signed mutual agreement with the defendant which he failed to fulfil. The farmer had also admitted that he had signed the contract with the complainant.
A report by a registered expert who was assigned by court said the relationship between the two parties was a contractual relationship which had to be honored by both parties.
The report said the provisions of the contract stated that the value of the dates at the farm was Dh150,000. And if the businessman sold the dates to another party at an amount that exceeded that amount, the farmer had to pay the difference or the excess amount to the complainant.
In implementation of the agreement, the complainant had picked the dates from the farm, sorted, dried, packed and transported them from the farm and delivered them to the dates factory where they were sold at Dh195,529, said the report adding that the cash was transferred to the farmer’s bank account.
After hearing from all parties, the Al Ain Court of First Instance issued a ruling ordering the farmer to pay Dh45,500 to the businessman, in addition to paying his legal expenses.
ismail@khaleejtimes.com
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