Gopal Sri Ram JCA:-

The plaintiffs (appellants before us) brought an action against the defendant (respondent before us) for breach of contract. The defendant applied to strike out the statement of claim on the ground that the first plaintiff was not privy to the contract as asserted by the plaintiffs. It also delivered a defence and counterclaim. The High Court granted the defendant's application and struck out the statement of claim. The counterclaim was directed to be separately tried. The trial of the counterclaim is set for hearing and disposal on 11 January 2006. Dissatisfied with the High Court's order of striking out the statement of claim the plaintiffs appealed to this Court. We heard this appeal on 21 November 2005 and allowed it. We did not give reasons at once. Ordinarily a case such this would not warrant a judgment because the principles governing applications to strike out a pleading are trite and each case really turns on its own peculiar facts. But this case has a company law dimension to it which is of interest to the legal profession. So, a judgment is called for. The facts are fairly straightforward.

The defendant company owns a golf course. Members of th