BCC 115/2006

This case involved whether the court of urgent affairs had the jurisdiction to rule on the sequestration of a company. The manager had refused to allow the partner to see the financial statements and this could affect the partner's rights so they had jurisdiction.

Background

A partner filed a case against the company's manager before the court of urgent affairs and said that the manager had not provide him with the company's financial statements. The partner requested the court put the company under sequestration.

The court ruled that the company should be put under sequestration.

The manager appealed the ruling before the court of appeal. The court dismissed the appealed ruling.

The partner appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was said that the documents he provided to the company confirmed that the dispute with the manager was serious in a way that could affect his rights which meant that the court of urgent affairs had the mandate to consider the case.

Decision