SCA 1031/2019

This case involved a failure to transfer purchase shares in a company into the purchaser's ownership. A key issue was whether the contract should be dismissed or the shares should be transferred.

Background

A claimant filed a case against a defendant before the court. He requested the court to validate a contract signed between the two parties. He said that he had paid the defendant an amount of money to in order to buy his share in a company. He said that the defendant had failed to transfer the share to his ownership.

The defendant said that the contract should be considered invalid because the share had not been transferred into the claimant's ownership.

Decision

The court said that the case documents revealed that the defendant had agreed on the sale of his share in the company. The court said that the documents also revealed that the defendant had failed to commit to his obligations as stipulated by the contract.

The court ruled that the contract should be validated and that the defendant should proceed with the proceedings to transfer the share to the claimant's ownership.