ECC 2105/1999
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Liquidation, General Company Law & Business Entities, Civil Evidence, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
6 Jan 1999
Catchwords
Liquidation – Partnership – Expert – Evidence – Litigation Procedure – Notification
The initial dispute involved the payment of a liquidation payment to a former partner. A key issue was whether appropriate notifications had been given to the parties as the body that heard the pleading was not the same body that referred it for retrial.
Background
An individual filed a case before the Court of First Instance against his business partner requesting him to make a liquidation payment according to an expert's evaluation.
The court rejected the case.
The plaintiff filed an appeal and the Court of Appeal of Alexandria cancelled the appealed ruling and ruled that the defendant must pay 61200 Egyptian Pounds.
Decision
The defendant filed an appeal in cassation on the grounds that the appealed ruling was null and void because the body that heard the pleading was not the same body that referred it for retrial, and that the opponents did not attend or were not notified of the opening of the pleading, but the new body issued the appealed ruling.