Court stop estranged wife from running late doctor Dr Tosin Ajayi's firm
(Nigeria) A Federal High Court sitting in Lagos, on Thursday
restrained Mrs Oluwayemisi Ajayi from dealing with or running the affairs of
her estranged husband's firm as a sole surviving director/shareholder pending
the hearing and determination of the main suit.
The firm, First Foundation Medical Engineering Company Ltd,
was owned and registered in accordance with the law, by late Dr Tosin Ajayi.
The judge, Justice Tijjani Ringim, made the order following
an ex-parte application by Dr Ajayi's daughter, Miss Tomisin Ajayi, and his
widow, Mrs Helen Prest Ajayi.
Their application sought to restrain Oluwayemisi from
running the affairs whatsoever of the first respondent, First Foundation
Medical Engineering Company Ltd.
The other respondents are: Registrar-General of the
Corporate Affairs Commission, CAC, Mrs
Oluwayemisi Ajayi and Mr Patrick Abak, a lawyer.
According to the application, Dr Ajayi was a renowned
medical doctor, businessman and a philanthropist before his demise on April 26,
2020.
He was married to Oluwayemisi and they had children. But
they were separated for 35 years before Tosin's demise.
In the course of the separation, he married Helen Prest
Ajayi and had a child with her, Tosin, who lived with Helen until his demise.
The applicants, through their counsel Mr Abiodun Owonikoko,
SAN, brought an ex-parte application praying the court for an interim
injunction against Oluwayemisi and her privies from dealing in the assets of
the company as a sole surviving director/shareholder, pending the hearing and
determination of the main suit.
They also prayed the court to restrain the third respondent,
Oluwayemisi, her representative or privies from interfering howsoever in the
business undertaking or other activities of the first respondent (the company)
until an extra-ordinary general meeting is called for the purpose of appointing
one or more director(s).
The applicants stated that the number of directors had
fallen below the statutory minimum of two in accordance with section 239 and
271 of the Companies and Allied Matters Act, 2020.
The applicants also prayed the court for an order to serve
the originating summons and other subsequent court processes on the third
respondent by substituted means in lieu of personal service.
The application was supported by an affidavit deposed
to by Miss Tomisin Ajayi, the sole surviving daughter of the deceased.
After listening to the argument of the applicants lawyer,
Justice Ringim, granted all the prayers made by the applicant.
He restrained the respondents from carrying out or dealing
with any assets of the company pending the hearing and determination of the
suit.
The case was adjourned to be heard by the court's vacation
judge.
Comments
Post a Comment