Home > Cases > Shiraz Boghani v Bashir Nathoo (2011)


Shiraz Boghani v Bashir Nathoo (2011)

LTL 10/8/2011: Case Law - AC0129625

Court: High Court
Date of Judgment: 02.08.11
Philip Jones QC

Two partners created a partnership for the purposes of carrying out property development.  However, it was a partnership at will and one of the partners dissolved the firm at a time when two properties remained unfinished.  The other partner insisted that the section 38 of the Partnership Act 1890 obliged the firm to complete the developments. The first partner was awarded a declaration that it was not necessary within the meaning of that section to complete the developments for the purposes of winding up the partnership, even if no new contracts were required, particularly as outside parties were interested in taking over the developments.  He did not succeed however in persuading the court that his solicitors alone should have conduct of the sale of the properties. Morritt VC ordered that the properties should be sold by agreement or, in default of agreement, as directed by the Master, rather than the claimant.

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