[1] Two appeals came up for hearing on 1 October 2013. They are appeals number A-02-2893-12-2012, filed by three appellants in respect of Suit No: 22-50-04 and Suit No: 22-254-07, which we will refer to as the 1st appeal and appeal No. A-02-2871-12-2012, filed by two appellants in respect of suit No: 22-254-07, which we will refer to as the 2nd appeal. The grounds of judgment of the learned Judge for the 1st appeal is dated 25 May 2012, and the 2nd appeal is dated 31 March 2013.

[2] Parties to both the appeals have agreed that both appeals have some nexus with each other and in consequence, with consent, we heard both appeals one after the other and agreed to deliver judgment for both the appeals and reserved judgment on 8 November 2013. This is our judgment for both the appeals.

[3] We have deal