EDUSEI J.
The applicant, Joseph Agyei Asiedu, is asking this court to make an order restraining Ghana Fibre Industries Ltd. And Mr. Frantisek Vaculik and Mr. J. B. Barnes, officers of the company from appointing a new director to sign the company's statement of accounts since such a step will offend the provisions of sections 217 and 218 of the Companies Code, 1963 (Act 179).
The second respondent in this application, Mr. Frantisek Vaculik raised the point in his affidavit opposing the application that the application for an order of injunction should follow the issue of a writ of summons and since on such writ of summons has been issued by the applicant the injunction application is irregular and it should therefore not be entertained by this court.
Section 217 of the Companies Code states:
"217. (1) The Court on the application of any member may by injunction restrain the company from doing any act or entering into any transaction which is illegal or beyond the power or capacity of the …