BCC 62/2022
This case involved a partner in a company's personal liability to pay amounts due by the company. The key issue was whether they had purposefully incurred the liability when knowing the company could not repay the debt.
Background
The female plaintiff had filed a lawsuit to the lower civil court against the defendants (the defendant company and three partners in the company), requesting a ruling obliging them to have joint liability to pay her a sum of money and interest from the date of filing the lawsuit. She had claimed that the defendant company had written in favour of the plaintiff three cheques drawn on the National Bank of Bahrain, from which the company had paid the defendant part and the amount claimed remained unpaid. The rest of the defendants were partners in the defendant company and had imposed obligations on the company knowing its inability to fulfill them, which entailed their responsibility in their personal funds for its debts. The court had primarily ruled to oblige the defendants to jointly pay the claimed amount and interest estimated of 5% annually, and rejected all other requests.