KCC 2255/2016

This case involved a failure to pay a partner his profit share. The fact he had not attended the firm's General Assembly and that they claimed they had no money did not justify the failure to pay.

Background

A claimant filed a case against three defendants before the court. He requested the court to order the defendants to pay him his share in a company’s profits. He said that he was a partner of the defendants in the company and that they had failed to pay his share.

The court ruled that the defendants should pay the claimant his share in the profits.

The defendants appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

The defendants appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They said that that they had maintained before the court that the company did not have money to pay the claimant and that he had not attended the company’s general assembly but the court dismissed their defence.

Decision