Though he had been eventually laid to rest after a prolonged family feud, the last has definitely not been heard about late medical expert and founder of First Foundation, Dr. Tosin Ajayi. The latest development is that the fight over who takes control of what he left behind has since moved to the court of law. Penultimate week, a Federal High Court sitting in Lagos 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 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.
The firm, First Foundation Medical Engineering Company Ltd, was owned and registered in accordance with the law, by late Dr Tosin Ajayi.
Their application sought to restrain Oluwayemisi from running the affairs whatsoever of the first respondent, First Foundation Medical Engineering Company Ltd.
L 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, Tomisin, 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 application was supported by an affidavit deposed to by Miss Tomisin Ajayi.
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 after the vacation.
Recall that there was a prolonged legal tussle over who should be in charge of the burial of the highly successful medical expert after his demise, which made his remains languish in the morgue for nine months. His internment was eventually not devoid of controversy following the drama that played out at his graveyard.