[1970]DLCA2122 • December 7, 1970 • Court of Appeal
KHOURY vs. KHOURY
The case concerns a dispute between partners in the dissolved partnership known as F. & M. Khoury. The plaintiff-appellant sought possession of partnership property adjudged to him and enforcement of a court order for division of assets following dissolution. The receiver appointed by the High Court was ordered to surrender possession and account for partnership assets and income. The defendant-respondent opposed the application, raising jurisdictional objections.
read moreAzu Crabbe J.A. delivered the ruling of the court. This is an application by the plaintiff- appellant brought under rule 28 of the Supreme Court Rules, 1962 (L.I.218), for an order of the court — (1) Calling upon or directing the receiving appointed upon an order by the High Court, to surrender forthwith to the plaintiff-appellant possession of such of the property in dispute as had been adjudged the property of the plaintiff-appellant; and (2) fixing a time limit within which the said receiver shall comply with the rest of the orders made by this court in its judgment of 7 August 1970. In an affidavit filed by the defendant-respondent in opposition to the application, an objection is taken to the jurisdiction of this court founded upon the allegation that this is not an application contemplated by the Supreme Court Rules, 1962. Rule 28 of the Supreme Court Rules, 1962 states: [His lordship here read the provisions of the rule as set out in the headnote and continued:] On 14 O.....