BONTEMPI LUIGI, BRUNO TURATO & ELIZABETH A. NGEGE V. SHARIFF MOHAMMED A. OMAR & BOUGAINVILLEA COTTAGES LTD

JUDGMENT OF THE COURT

By a plaint dated 5^th April 1995, the 1^st respondent, Mohammed A. Omar (Omar) sued the 1^st appellant, Bontempi Luigi (Luigi) and the 2^nd 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 2^nd appellant, Bruno Turato (Turato) and the 4^th appellant, Elizab…