FATTAL vs FATTAL AND OTHERS

The plaintiff, Omar Mahmoud Fattal, in a representative capacity as a partner in Mahmoud Fattal & Sons Co, sued the defendants including Faraz Mahmoud Fattal, Rana Motors & Metal Works Engineering Co Ltd, and Kia Motor Corporation, claiming reliefs related to breaches of partnership and commission agreements concerning importation and sales of vehicles and spare parts. The dispute involved allegations of conspiracy, breach of fiduciary duty, and claims for accounts and damages. The defendants filed defenses and motions including to strike out and to stay or dismiss proceedings. The plaintiff initially sought a stay of proceedings and appointment of an arbitrator pursuant to an arbitration clause in the partnership agreement. The trial court granted a stay and adjourned for the parties to agree on an arbitrator. Subsequently, a different judge dismissed the plaintiff's action and entered judgment for the defendants, prompting this appeal.

JUDGMENT OF LAMPTEY JA. On 23 June 1995 Omar Mahmoud Fatal in a representative capacity as the plaintiff sued the defendants, namely (1) Faraz Mahmoud Fattal; (2) Rana Motors & Metal Works Engineering Co Ltd; and (3) Kia Motor Corporation and claimed against the defendants the reliefs endorsed on the writ of summons. A statement of claim was filed with the writ. On 5 July 1995 a statement of defence was filed for the second defendant company. On 6 July 1995 solicitors acting for the first defendant entered conditional appearance for the first defendant. Because the third defendant company was an external company and resided out of the jurisdiction, the plaintiff applied for leave to serve process on the third defendant company out of the jurisdiction. The solicitors acting for the second defendant filed a statement of defence on behalf of the second defendant company on 28 July 1995. The solicitor acting for the first defendant filed a motion on notice praying the court for an order...