OLLENNU, J.
The plaintiffs were the only shareholders in a trading company, Mpotimma Ltd. As a result of financial advice given negligently by the first defendants, the company lost heavy sums of money amounting to £G47,000 and was subsequently wound up. The plaintiffs, alleging that as shareholders they have lost "their business interests and yearly profits and dividends" sued the first defendants and two of their agents in negligence, claiming, as damages, the £G47,000 as special damages, and £G100,000 general damages.
When pleadings closed, the defendants took, in limine, under Order 25, rules 2 and 3 of the Supreme Court (Civil Procedure) Rules, 1954, the points that:
(a) as shareholders the plaintiffs are not entitled in law to sue for any tortious acts committed against their company;
(b) pecuniary damage alone is not enough to support a claim in negligence; the plaintiffs must have suffered physical damage or damage to their property;
(c) in view of (a) and (b) supra the plainti…