Background

A claimant filed a case against two defendants before the civil court requesting the validation of the simulated nature of a partnership in a company. The claimant said that the company was established twenty years ago by his father and because he was student he could not register it under his name.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

Decision

The claimant 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 violated the right in defence because he had requested the court to refer the case to investigation in order to prove that the partnership was simulated but the court had dismissed his request.