Judgement of the Court
Delivered by
Olajide Olatawura, J.S.C.
The respondent who was the plaintiff in the court of first instance filed an action against the defendants now the appellants in this court and claimed as follows:
1. Declaration that the election of Mr, Joseph Adeola as a Director of Globe Fishing Industries Limited is null and void.
2. That the Chairman Alhaji Sule Katagum, the Managing Director Mr. Roussinov and the General Manager Mr. Dayaldasam be compelled to make available to the plaintiff Certified Bank Statements of Account of the Globe Fishing Industries Limited at the United Bank for Africa for the periods 1st July, 1979- 3Oth June, 1980 respectively;
3. That the Chairman Alhaji Sule Katagum, Managing Director Mr. Roussinov, and the General Manager Mr. Dayaldasam be cornpelled to convene the Annual General Meeting of Globe Fishing Industries Limited for the year 1980 to consider (a) the annual accounts covering the periods 1/7/79- 30/6/80 and 1/7/80-31/12/80. (b) to declare dividends for the year ending 30th June, 1980.
On the 23rd February, 1981 when the matter came before Anyaegbunam, C.J., pleadings were ordered. Pleadings were filed and amended. It was however on 9th April, 1981 that the respondent herein filed an application seeking the following prayers.
1. Joinder of the following person as defendant in the above Suit:-Mr. Joseph Adeola
2. Amendment of the Statement of Claim in the Suit.
3. Interim injunction restraining the 2nd defendant from exercising the functions of a Director and Chairman of Globe Fishing Industries Co. Ltd. until the determination of this Suit.
4. Interim injunction restraining Mr. Joseph Adeola from performing and exercising the functions of a Director of Globe Fishing Industries Co. Ltd. until the determination of this Suit.
