KCC 1235/2016

This case involved a claimant's request to be paid a share in a company in which he was a partner. A key issue was whether the case should have been filed against the another partner or the company.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to pay him his share in a company in which they were partners.

The court 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.

The defendant argued that he was an irrelevant party in the case. He said that the claimant should have filed the case against the company itself.

Decision

The court said that the defendant’s argument is valid. The court said that the claimant should have filed the case against the company itself.

The court repealed the appealed ruling and dismissed the case.