Justice Tijjani Ringim of the Federal High Court sitting in Lagos has restrained Mrs Oluwayemisi Ajayi, the estranged wife of the founder and Chief Medical Director of First Foundation Medical Engineering Company Limited, late Dr Tosin 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 substantive suit brought against her and others.
The order of the court by Justice Ringim, was sequel to an ex-parte application brought before the court by late Dr. Ajayi’s daughter, Miss Tomisin Ajayi, and his widow, Mrs Helen Prest Ajayi, praying the court among other things to restrain Oluwayemisi from running the affairs whatsoever of the first respondent, First Foundation Medical Engineering Company Ltd.
First Foundation Medical Engineering Company Limited was a company registered under the Nigeria law and owned by late Dr Tosin Ajayi, who died in April, 2020.
Respondents in the suit filed by Mr Abiodun Owonikoko, SAN are First Foundation Medical Engineering Company Limited, Mrs Oluwayemisi Ajayi, Registrar-General of the Corporate Affairs Commission (CAC) and a lawyer, Mr. Patrick Abak.
The application stated late Ajayi was a renowned medical doctor, businessman and a philanthropist before his demise on April 26, 2020 and was married to Oluwayemisi with children.
The estranged couple were, however, separated for 35 years before Dr Tosin’s demise.
While the separation lasted, late Ajayi married Helen Prest Ajayi and had a child.
In their ex-parte application, both Helen and her daughter, Tomisin, are praying the court for an interim injunction restraining 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 asked the court to restrain Oluwayemisi, her representatives or privies from interfering, howsoever, in the business undertaking or other activities of the First Foundation Medical Engineering Company Limited, until an extra-ordinary general meeting is called for the purpose of appointing one or more director(s).
They 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 applicants stated that the number of directors had reduced below the statutory minimum of two in accordance with section 239 and 271 of the Companies and Allied Matters Act, 2020.
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 an order restraining all the respondents from carrying out or dealing with any assets of the company pending the hearing and determination of the suit.
The judge has, however, adjourned the matter for two weeks to be heard by the vacation judge.
