DCC 32, 38/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Insolvent Partnership, Liquidation, Jurisdiction & Choice of Law, General Civil Procedure & Administration of Justice, Judiciary
Copyright
LexisNexis
Decision date
1 Apr 2008
Catchwords
Partnership – Liquidation – Court Authority – Expert Report – Judgment
This case involved a request to liquidate a partnership by an individual who had not received profits from it. There was a dispute over which companies were part of the partnership. The court had erred by failing to explain why it ruled based on particular options in the expert report and on which evidence it had based its ruling.
Background
A Plaintiff filed suit No. 42 of 2004 before the Dubai Court of First Instance requesting the Court to prove his partnership in some shops and liquidate the partnership by appointing a liquidator whose task was to receive the company books and documents, and receipt of its assets and all the necessary expenses in order to show its share in profits and oblige the Defendant to pay them.
The Plaintiff explained that the Defendant was his relative and he offered him a partnership with 25% of the profit.
The two parties worked in partnership and trade from 28-10-1982 and the shop made profits but the Defendant did not pay the Plaintiff his share, but instead, he invested in the same shop and opened two other places.