DCC 96/2008

This case involved money owned as a result of a partnership profit share. The case considered the required criterial for a partnership to be deemed as existing.

Background

A Claimant brought forward proceedings against the Respondent, contesting that they and the Respondent were joined by virtue of a friendship and a company agreement; whereby the Claimant had given the Respondent some money in order to allow the Respondent to invest in various projects and that the profits would then be distributed between the two of the parties.

The Claimant alleged that they and the Respondent had been successful in their investments. However, the Respondent withheld some profit.

The Respondent contested there was no such agreement between the parties and that they were not joined by a partnership agreement; and there was no evidence of the registration of a company.

Proceedings

Dubai Court of First Instance - Decision No 363 of 2007

Under decision 363/2007 the Court of First Instance refused the Claimant's claim based on the non-existence of a registered entity between the parties.

Dubai Court of Appeal - Appeal No 840 of 2007