KCC 509, 597/2016
This case involved a failure to pay a partner a profit share. A key issue was whether the case should have been taken against the defendant in their personal capacity or against the company as it involved there work managing the company.
Background
A claimant filed a case against a defendant before the court. He requested the court to order the defendant to pay 153442.5 Dinars. He said that he was the defendant’s partner in a company and that the defendant had failed to pay him his share in the profits.
The court ruled that the defendant should pay the claimant the amount.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendant 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 he was managing a limited company and that the case was related to the company’s management. He said that the case should not have been filed against him personally.