AKAKPO vs. SOLI AND OTHERS

These proceedings are brought before me by way of a case stated under section 24 (1) of the Arbitration Act, 1961 (Act 38). The case is stated by the arbitrator appointed to go into the case arising out of a partnership dispute which was brought by the plaintiff against the defendants. The question of law arising for determination is whether in accordance with section 39 (7) of the Incorporated Private Partnerships Act, 1962 (Act 152), the second defendant, Mr. E. K. Narter-Olaga and the third defendant, Miss Genoveva Esther Marais, ceased to be partners in the Express Packing and Service Company as from 18 February 1966 or whether they remained partners in that company after that date. There is no dispute that before 18 February 1966, all the parties to the action were partners in the company. At the end of 1966, one Mr. Soli, who is the husband of the first defendant but who was not a partner in the company, purported to dismiss the plaintiff from the company. Presumably Mr. S...