JUDGMENT OF THE COURT
By a plaint dated 5th April 1995, the 1st respondent, Mohammed A. Omar (Omar) sued the 1st appellant, Bontempi Luigi (Luigi) and the 2nd appellant, Bougainvillea Cottages Limited (the company) seeking various orders, a declaration and an injunction. Contending to be a director and the holder of 150 shares in the company together with Luigi and another, who held 25 shares each, Omar prayed for an order directing Luigi to account for moneys had and received by him on behalf of the company; an order for payment of his proportionate share of the profits of the company; a declaration that Plot Nos. 3074 and 3104 in Malindi were purchased with funds of the company and were therefore held in trust for the company; and an injunction to prohibit transfer or dealing with the said plots.
That plaint was subsequently amended four times. Through those amendments, the company joined Omar as a co-plaintiff and the 2nd appellant, Bruno Turato (Turato) and the 4th appellant, Elizab…