SCA 1410/2019

This case involved the breach of a contract for commission for bringing in new business. As the contract was an employment contract the case did not fall within the jurisdiction of the commercial court.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to pay him an amount of money. He said that the defendant had agreed to pay him commission of 3% of the contracts for the projects he had brought them. He said that the defendant had failed to commit to his obligations.

The defendant said that  no contract existed or had been signed between the two parties.

The court said that the case documents had revealed that the claimant had provided the court with a memorandum of understanding that did not include the signatures of the two parties.

The court dismissed the case.

Decision

The court of appeal said that the claimant had provided the court with an employment contract singe by the two parties which meant that the dispute was not a commercial one.