DCC 241/2008

The initial dispute involved a request by an heir for their rights to a partnership which the heirs of his father's partner claimed they did not know about. A key issue was the use of an oath and acknowledgment when the expert was unable to investigate because of a lack of documents.

Background

An Appellants filed the action No 179/1998 against the Respondent demanding the establishment of the partnership of their testator with the Defendants and the appointment of an accounting expert to look into the company's records and accounts to show the profits made by the company and the properties it had invested in since the death of their testator until the death of the Defendant's testator on 15/05/1994 and specify the net profit during the period and order them each according to their share to pay the net profit and interest as of the date of death of the Plaintiff's testator until payment.

In 1963 the testators of both parties set up a company and on 21/10/1971, the Plaintiffs' testator died and at the time his son, the First Defendant, was two months old and his mother, the Second Defendant took him to Iran.