Witness
Synonyms: legal witness، witness of fact، expert witness، sworn witness، deponent
Last updated: 2026-05-09
Short Definition
Person who witnessed the disputed event and provides testimony before judicial body, testimony considered legally valid evidence.
Overview
Legal Basis
The rules of testimony in real estate disputes are based on the Evidence in Civil and Commercial Matters System, the Litigation Procedures System, and the complementary principles of Islamic jurisprudence on witness qualifications and testimony.
Practical Example
A dispute arose between the owner of a residential complex in Abha and the tenant of one of his apartments over the receipt of the security deposit. The owner maintained that the tenant had not paid the 4,500 SAR security deposit, while the tenant insisted he had paid it in cash in the presence of a real estate broker. The committee summoned the broker as a witness, who confirmed receipt of the deposit amount and its direct delivery to the landlord. The broker's testimony was supported by other evidence, including Ejar platform communication records and WhatsApp correspondence submitted as supplementary evidence. The ruling was issued in favor of the tenant based on the witness's testimony reinforced by digital evidence.
Common Mistakes
- ✗Relying on a witness with a direct interest in the outcome of the case, which nullifies or weakens their testimony
- ✗Bringing witnesses who were not personally present at the event but are testifying from hearsay or inference
- ✗Neglecting to prepare witnesses and inform them of the boundaries of their testimony, weakening its impact
- ✗Believing that testimony from relatives is accepted without restriction in real estate disputes
- ✗Failing to record witnesses' statements in writing at an early stage, exposing them to later change or contradiction
International Differences
In the UAE, the federal Evidence Law governs witness qualifications with acceptance of expert testimony in RERA and DIFC disputes. In Turkey, the Code of Civil Procedure (HMK) regulates witness provisions with detailed requirements for expert testimony (Bilirkişi). In Egypt, the Evidence Law defines witness competence and testimony procedures in civil and real estate disputes. In the UK, a distinction is made between a lay witness and an expert witness with detailed rules for each. In the US, the Federal Rules of Evidence govern witness requirements with an advanced expert witness system.