KCC 1235/2016 issued on 21/12/2016

This case involved a dispute over profit shares in a partnership. A key issue was the impact of a previous case which had previously ordered payment of the shares in the partnership.

Background

A claimant filed a case against a defendant before the court. He requested the court to appoint an expert in order to calculate profits generated by the company in which the two parties were partners and to calculate his share in the profits.

The court appointed an expert and then dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that other partners had filed a case against the defendant and that the court had ordered the defendant to pay them their shares in the profits. He said that the court had ignored this ruling as evidence.

Decision