NOWFILL S. LABA vs. LENNAP AND CO. AND LATEX FOAM RUBBER PRODUCTS LTD

The Applicant is a member of the 2nd Respondent Company (hereinafter, the “Company”) holding 50% of the issued shares as well as one of the directors of the Company serving as its Managing Director. The remaining 50% of the shares of the Company is held by the late brother of the Applicant, Aid Solomon Laba who passed away on 5th December, 2015. The 1st Respondent is the Company Secretary of the Company. The 2nd Respondent is joined in this suit as a nominal party in which name all corporate acts are made and to which all orders would have to be notified. [1] PROCEDURAL BACKGROUND The Applicant on June 9, 2016, filed with the Registry of this Court, an originating notice of motion praying for declarative and injunctive reliefs against the 1st Respondent, who according to the Applicant, as the errant officer, was perpetuating irregularity and acts of illegality in the name of the Company under Section 217 of the Companies Act, 1963, Act 179 (hereinafter, the “Companies Act”...