JUDGMENT
Introduction
[1] These two related appeals which arose from the same trial, were heard together For ease of understanding, we shall refer to the parties as they were before the High Court.
[2] The plaintiff's claim before the High Court was against six defendants. The plaintiff alleged that these six defendants conspired to defraud him under an investment scheme agreement to import and sell cars. The plaintiff subsequently withdrew his claim against the 5th defendant who was the company secretary of the 3rd defendant but he proceeded to a full trial against the remaining defendants.
[3] At the conclusion of hearing, the claim was allowed but only against the 3rd and 6th defendants with the 3rd defendant's costs to be borne by the 4th defendant. The claim against the remaining defendants was dismissed as was the 1st and 2nd defendants' counterclaim.
[4] The 3rd defendant appealed vide the first appeal, Civil Appeal No: W-02(NCVC)(W)-2119 December 2015; whilst the plaintiff's appeal which is only in respect of the decision against the 1st defendant, is the second appeal, Civil Appeal No: W-02(NCVC)(W)-182 January 2016. There are no cross-appeals in both appeals.