DCC 248/1998

Although a sole proprietorship is not regarded as a legal entity it is not independent from the owner. Therefore this does not preclude action being filed for an element of financial liability. The solemn oath must be administered to one of the disputing parties or his legal representative. The contested judgment which directed the solemn oath to be taken by the manager of the company, despite not being a legal representative, and it should have directed the board chairman to take the oath. Therefore this is deemed a violation of the law, erring in application and necessitating cassation.

Having reviewed the case documents, read out the summary report, heard the oral pleading, and after the legal deliberation

Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;