JUDGMENT OF THE COURT
1. Sometime in the year 2006 while Christopher Michael Lockley (the respondent) was on holiday at Diani in Kenya where he met Daniel Ojwang Achoka (the 2nd appellant) who was his tour driver at the time. The two struck a friendship which culminated in the incorporation of Juletabi African Adventure Limited (the 1st appellant) on 28th June, 2006, a limited liability company principally engaged with tour and travel business. The respondent held 60% of the shareholding while the 2nd appellant held 40%. Since the respondent ordinarily resided in Dubai the two agreed that the 2nd appellant would take charge of the business operations as well as management of the 1st appellant. It was further agreed that the respondent would provide the initial capital of running the company which he did by depositing the amount into the 2nd appellant’s wife, Nzilani John Kithokoi’s bank account. It was the respondent’s evidence that his engagements with the 2nd appellant who had portra…