SWAPAN SADHAN BOSE
V.
NYALI BEACH HOTEL LIMITED & 3 ORS

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court (Azangalala, J.) delivered on 24^th March, 2006 in which the learned Judge struck out the plaintiff’s case against the 4^th Defendant. In order to appreciate what is involved in this appeal it will be necessary to go to the root of the dispute.

By an Amended Plaint the appellant herein, SWAPAN SADHAN BOSE sued KETAN SURENDRA SOMAIA (1^st Defendant), DOLPHIN HOLDINGS LTD (2^nd Defendant), MARSHALLS (E.A.) LTD. (3^rd Defendant) and NYALI BEACH HOTEL LTD., (4^th Defendants) seeking judgment against these defendants jointly and severally as follows:-

“i That the first Defendant do transfer to the plaintiff 30% of issued share capital of the Second Defendant.

ii That the First Defendant do transfer to the plaintiff 100% interest of the Second Defendant in the Third and Fourth Defendants or in it’s subsidiary companies free of any encumbrances whatsoever.

iii That the First Defendant do bear the costs of such transfer.

iv That th…