Dr Tosin Ajayi and Mrs Helen Prest Ajayi
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.
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