SCA 726/2019

This case involved evidence of how great stake the father of some heirs had in a partnership.

Background

A legal representative of the heirs of a deceased man filed a case against a defendant before the court. He requested the court to approve the partnership in a cement factory which existed between the defendant and the heirs' father.

The court approved the partnership between the two parties.

The defendant appealed the ruling before the court of appeal. He said in his grounds of appeal that the 50/50 partnership had never existed and that he had paid the costs for the factory from his own money.

Decision

The court said that the case documents revealed that the heirs had failed to prove that there was a 50/50 partnership which existed between their father and the defendant. The court said that the defendant took the oath that he had paid the remaining costs for the factory from his own money.

The court repealed the appealed ruling. The court ruled that the heirs' father's stake in the factory should be only 11.667%.