SCA 968/2015

This case involved a failure to pay a profit share in a partnership, Key points were the length of time the partnership was to exist which was detailed in the contract and the failure to register the partnership with the Ministry of Commerce.

Background

A company filed a case against a company before the court. They requested the court to order the company to pay their share in the profits. They said that the company had expressed their desire in dismissing the partnership in an illegal way.

The second company said that the other company had failed to register its record with the Ministry of Commerce.

Decision

The court said that the case documents revealed that the partnership contract stipulated that period of the partnership was ten years starting from the registration in the relevant ministry. The court said that the partnership had not been commercially registered.

The court dismissed the case.

The court of appeal upheld the appealed ruling.