JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): The Respondent herein, who was applicant at the trial Court, commenced an action at the Federal High Court, Lagos, by notice of an Originating Motion dated 30th August, 2004 and sought the following reliefs:-
"1. An order for the rectification of the Register of members of the 1st Respondent company by the entry of the name of the Application, Mr. Azuka Joseph Okafor-Udeji therein as the bonafide holder of 50% (one half) of the total shareholdings in the 1st Respondent company.
2. A Declaration that the 1st Respondent company was floated to take over the partnership business trading under the name and style of Barbus and Co., equally owned by both the Applicant and the 2nd Respondent, and did so take the same over since incorporation.
3. An order restraining the 2nd Respondent from parading himself and members of his immediate family or further parading himself and members of his immediate family as the owners, members and/or s…