By Michael Ojo
The feud berween the immediate family of the late Dr Tosin Ajayi, the doctor to the late famous jounalist, Dele Giwa, assumed a fresh legal dimemsion on Thursday as a Federal High Court in Lagos restrained his estranged wife, Mrs Oluwayemisi Ajayi from dealing with or running the affairs of his multi-billion firm, First Foundation Medical Engineering Company Ltd as a sole surviving director/shareholder pending the hearing and determination of the main suit.
Ajayi, who died on April 26, 2020, was seperated from Oluwayemisi, with whom he had five children for about 35 years before his death. After the separation, he got married to Nigeria’s former beauty queen, Mrs Helen Prest Ajayi, a lawyer. Both had a daughter, Tomisin, and they lived together for 25 years before his death.
Due to the feud between the two women and their children, Ajayi’s funeral was delayed by nine months pending a court case. However, on February 12, 2021, he was eventually buried but not without drama at the graveside.
However in the fresh suit before the court, Mrs Helen Prest Ajayi, and her daughter, Tomisin as plaintiffs seeks the order of court to stop Oluwayemisi the first wife from running the affairs of the company which is the first respondent.
The other respondents are: Registrar-General of the Corporate Affairs Commission (CAC); Mrs Oluwayemisi Ajayi and Mr Patrick Abak, a lawyer.
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.