SCA 250/2019

This case involved a claim that a partner had defaulted on his obligations and during a stay of the proceedings had seized companies subject to the partnership. There was no evidence of the existence of the partnership.

Background

A claimant filed a case against a defendant before the court. He said that he and the defendant had agreed upon a partnership and that the defendant had failed to commit to his obligations. He said that he had previously filed a case against the defendant and the court had suspended its consideration and that the defendant had exploited this opportunity to seize the two companies in which they were partners. He requested the court to appoint a judicial guard over these two companies.

Decision

The court said that the case documents revealed that the claimant and the defendant werenot partners and the claimant's claims were invalid in this regard.

The court dismissed the case.

The court of appeal upheld the ruling based on the same grounds.