Civ. Case 43-D-65; 15/6/67;
Duff, J.
Plaintiff and defendants were all
partners in an oil business, the profits of which were to be shared. Plaintiff
was appointed manager of the business and sued for unpaid salary of Shs.
34500/-
HELD:
Plaintiff cannot sue his co-partners. To do so would establish a relationship
of creditor and debtor, and such a relationship cannot arise until after a
partnership has been dissolved and accounts have been taken. “The present
suit…. Involves a claim for salary by an employee against employers, a relationship
that does not exist.” The proper remedy was an action for a general or a limited
accounting. The suit was dismissed.
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