AGBO, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal filed suit No. FHC/L/CS/772/2002 at the Federal High Court Lagos division against the appellant as defendants for themselves and on behalf of all shareholders of Universal Trust Bank except the plaintiff. The respondent in paragraph 16 of his statement of claim claimed of the appellants as follows:
"1. A declaration that the 5% of the issued share capital of the 1st defendant held in various proportions by the 2nd and 3rd defendants is held in constructive trust for the plaintiff.
2. An Order mandatory injunction compelling the 1st defendant to immediately transfer 5% of its issued share capital from the 2nd and 3rd defendants to the plaintiff by obtaining a contribution of shares on a pro rata basis from each of its shareholders in the proportion of the number of shares held by each shareholder vis-'a -vis the entire issued share capital of the 1st defendant.
3. An order directing the 1st defendant to imme…