[1] These two appeals concern the interpretation of s 314 of the Companies Act 1965 ("the Act"). Leave to appeal was granted by this court on 6 April 2011 on the following question:

Whether the partnership of ARCI Enterprise would qualify as an unregistered company pursuant to s 314 of the Companies Act 1965 .

[2] These two appeals are against the decision of the court of Appeal which had allowed the defendants' appeal against the decision of the High court given on 26 August 2010. The respondent in appeal No. 02-24-2011(W) was the 2nd defendant in the High court. The respondent in appeal No. 02-25- 2011(W) was the 1st defendant in the High court. The five appellants were the plaintiffs in the High court. The parties have agreed that both the appeals be heard together as they involved the same question of law.