The genesis of this case was the formation of a limited liability
company called Chikale Beach Resort Limited (the company). The
first respondent and one Ralph Mhone were, and perhaps stil1 are,
directors and shareholders of the company. The Company owned a
piece of land described as Plot Number 79 on which it operated the
business called Chikale Beach Resort. Disagreements later arose
between the two directors/shareholders resulting in the division of
the land between them. The first respondent now operates a
business styled New Chika-1e Beach Resort (the second respondent)
while Mr, Mhone operates the business called Nkhukuti Beach
Resort (the first appellant), on their respective pieces of land. Both
New Chikale Beach Resort and Nkhukuti Beach Resort have been
incorporated. The Second, third and fourth appeliants are agents of
the first appellant through whom it has embarked on the
development of yet another piece of land within the neighborshood.
