DCC 175/2010

This case involved both whether a partner could be replaced by their fellow partners and if evidence of a specific capital level meant it was possible to force the liquidation of the company.

Background

The claimant, a partner in a limited liability company, sought the forceful distribution of profits and the liquidation of a company against their partners alleging that their partners, had failed to properly distribute profits and the company, due the Respondent's actions, led to negative cash flow against the company's capital which should allow for its liquidation.

The Respondents, counterclaimed against the Claimant for damages and for his forceful replacement due to his behaviour that had led to extensive losses in the company's capital.

The Court of First Instance proceeded to refuse all requests raised by both parties.

On appeal by both parties, the Court of Appeal affirmed the decision of the Court of Appeal.

Proceedings

Dubai Court of First instance - Decision No 50/2007

The Court of First Instance proceeded to refuse all requests raised by both parties under its decision (50/2007).

Dubai Court of Appeal - Appeal No. 90/2009 and 110/2009