JUDGMENT OF THE COURT
The appellant, Nyandarua Progressive Agencies Limited, a limited liability company whose sole purpose was to buy land for its members was incorporated in 1974. The respondents, Cyrus Wahome Nduhiu and Peter Wanjohi were shareholders as was John Kihara Wamburi who died in the course of the proceedings before the High Court.
The respondents and the deceased filed at the High Court of Kenya at Nakuru Civil Suit No. 767 of 1992 against the appellant where they claimed amongst other things that they were lawful shareholders and former directors of the appellant. They claimed that the appellant in 1976 purchased a parcel of land known as Milreed Farm in Nakuru in the then Nakuru District measuring about 7000 acres and that each of them was allocated six acres representing two shares for each. They further claimed that between 1976 and 1985 they were offered by the appellant more shares. It was further claimed that between the years 1984 and 1985 the farm was surveyed and…