A Federal High Court sitting in Lagos, on Thursday restrained Mrs Oluwayemisi Ajayi the enatrange wife of Late Dr Tosin Ajayi , founder of First Foundation Medical Engineering Company Limited from dealing with or running the affairs of her estranged late husband’s company as a sole surviving director/shareholder pending the hearing and determination of the main suit.
First Foundation Medical Engineering Company Limited, was owned and registered by late Dr Tosin Ajayi in accordance with the law of the country.
The trial judge, Justice Tijjani Ringim, made the order following an ex-parte application filed and argued by Mr Abiodun Owonikoko, SAN, on behalf of Miss Tomisin Ajayi, daughter and Mrs Helen Prest Ajayi widow of late Dr Ajayi respectively.
According to the application filed by Miss Tomisin Ajayi and Hellen Prest Ajayi , they both sought the court order to restrain Oluwayemisi from running the affairs of First Foundation Medical Engineering Company Limited in any way whatsoever as the sole surviving director.
Other respondents in the Suit are: Registrar-General of the Corporate Affairs Commission (CAC); and Mr Patrick Abak, a lawyer.
According to the affidavit filed alongside the statement of claim by the plaintiffs, Dr Ajayi was said to be a renowned medical doctor, businessman and a philanthropist before his demise on April 26, 2020.
It was also averred that the late Ajayi was married to Oluwayemisi and they both had children, but were separated for 35 years before Tosin’s demise.
According to the affidavit, in the course of the separation, the late Ajayi married Helen Prest Ajayi and had a child with her, Tosin, who lived with Helen until his demise.
However, due to the alleged illegal running and Dissipating of the assets and company of the late Ajayi by his enstrage wife, Mrs Oluwayemisi Ajayi and Mr Patrick Abak, a lawyer the applicants, through their counsel, Mr Abiodun Owonikoko, SAN, brought an ex-parte application before the court 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.
The plaintiffs also prayed the court to restrain the first 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 of the company 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 plaintiffs’ 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 Mr Abiodun Owonikoko the applicants’ lawyer, Justice Ringim, granted all the prayers sought by the applicants.
The judge in his ruling restrained all the respondents, Oluwayemisi, the CAC and Abak from carrying out or deal with any assets of the company pending the hearing and determination of the suit.
The case was subsiquently adjourned for hearing by the court during the current court vacation.
