JUDGMENT OF THE COURT
These consolidated appeals emanate from two judgments of the High Court involving Ireri Company Limited (the Company). The first appeal No. 172 of 2006 challenges the decision of Mbito, J. rendered on 19th November 1997. It was in respect of two suits namely HCCC No. 3746 of 1988 and HCCC No. 32000 of 1990 which were consolidated. The first suit filed by some 3 shareholders against the company and some nine persons described in the plaint as its “servants and or agents”, sought in the main, orders injuncting the company from advocating, distributing, transferring or disposing of some two pieces of land LR 8022/R and LR 8022/1 Longonot. It also sought a declaration that the only lawful bona fide members of the company were those contained in the register filed with the Registrar of Companies on 10th May 1983.
The second suit, HCCC No. 3200 of 1990, was by some three members or shareholders of the company. They sued the same defendants as in the first suit describin…