Background

An appellant brought an action against the appellees before the High Civil court for the determination of his brother's share in a Company. The appellant argued that his brother was a shareholder in the company and had some shares in it and he wanted to determine his brother's shares. However, the court argued that his brother had waived his shares to his two brothers. The appellant asked the court to repeal this wavier.

Decision

The court ruled that the wavier was void and affirmed the determination of the quotas. The appellees appealed against the ruling. The Court of Appeal ruled that the waiver was valid. The appellant appealed against that ruling. The appellant argued the issue was the distribution of the shares only and there was no need to investigate on whether the wavier was valid. The court accepted this argument and ruled in favour of the Determination of Quotas.