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Section 44 of Partnerships Act 16 of 2012: Power of Court to make order removing partner or breaking up partnership

    

(1) The Court may, on the application of any partner, make an order—
(a) removing the partner from the partnership; (b) removing another partner from the partnership; or (c) breaking up the partnership.
(2) In making an order under subsection (1), the Court shall have regard to—
(a) the partner’s capability of performing a partner’s duties in the partnership;
(b) the effect of the partner’s conduct on the partnership business;
(c) any breach, by a partner, of a term of the partnership agreement;
(d) any fraud, misrepresentation or non-disclosure by any partner when
the partners enter into a partnership or modify a partnership agreement;
(e) any event that occurs making it unlawful for the partner to remain a partner;
(f) any losses incurred by the partnership and the prospects of carrying on the business partnership profitably;
(g) any other ground the Court considers appropriate.

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Disclaimer: This document is not to be taken as legal advise.

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