Abdoolcader J:

1. Preliminary: The issue involved.

The respondent instituted an action in this matter against the first defendant and the appellant, jointly, severally and in the alternative both as to the form and nature of the remedy claimed and the entity sought to be made liable, for such a congeries of unconfined and vagrant relief in the spectral range of money to shares as to make one wonder whether the respondent really knows what he is in fact seeking and from or against whom apart from engaging in an attempt to obtain some sort of redress against one or the other or both of them on the basis of no matter what, no matter who, and even the respondent's claim to entitlement through the first defendant to shares in the appellant is advanced as being 1,200,000 or 1,199,999 shares, whichever it may be. In this respect the writ and statement of claim lay bare a field which luxuriates in riotous uncertainty. Whatever it is, the primary question however that has to be determined in this appeal is whether the respondent has a reasonable or indeed any cause of action against the appellant.

2. Background and facts.

Briefly (as one can hope to be on the facts and circumsta