WHAT IF ALL THE PROOF YOU WANT IS WITH THE PERSON YOU ARE SUING ?.

Salim and Musa joined forces as business partners and agreed to share all the profits “50 50“.They have been looking for business for over a year now. Last month, they finally landed a big investor who has agreed to buy their entire business. The following day Salim blocked Musa from accessing any company document, including the agreement they had signed and scanned. Musa wants his share, but the other problem is that he does not know how much the investor has sent. Can he get his share of the money, and how does he know how much it is?

WHAT DOES THE LAW SAY?

By law, whenever you sue someone, the burden is on you to prove what you are claiming that you are entitled to. For example, Musa has to prove to the court that he is entitled to half of what was paid for the business he bought with Salim. His problem is that all the proof (the documents) he wants is with the very person he is suing.

In the law, there is something that fixes that problem. It is called discovery. Discovery is a procedure where the court allows you to exchange information about the case with the other person in the case. Sometimes it is information that you need which is critical and which may be in possession of the other party you are suing. It is not an automatic right, but one that you must ask the court for.

It is illegal to refuse to disclose such information once the court has ordered someone to do so.

📷:Unsplash

#BarefootLaw

#osutayusuf

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