‘Wrongful’ Expulsion: Court Orders Substituted Service On Lagos Motor Boat Club

A Federal High Court sitting in Lagos has granted Mr Babajide
Coker an order of substituted services in his suit challenging his
expulsion/suspension from the membership of the Lagos Motor Boat
Club.

Justice Ambrose Leweis Allagoa made the order sequel to a
motion filed and argued by his counsel, Senior Advocate of Nigeria
(SAN) Kemi Pinheiro.

Coker, the sole plaintiff/applicant, commenced the suit, marked
FHC/L/CS/578/2021, on March 16, 2021.

The 1st to 7th defendants/respondents are the Registered
Trustees of Lagos Motor Boat Club, Dr. Dapo Majekodunmi, Mr
Babajide Balogun, Babalola Alakolaro, Ladi Ani Mumuny, Prince
Frances Awogboro and the Corporate Affairs Commission (CAC).

At the commencement of proceedings on Friday, July 16, Mr
Pinheiro SAN prayed the court to allow Plaintiff to have an
alternative way of serving the court processes on the defendants on
the ground that they were avoiding service.

But counsel to the 6th defendant Eyimofe Atake SAN, opposed this
application and whilst opposing it had conducted himself in a
manner which the Court considered to be unprofessional. The Court
thereafter admonished Mr. Atake SAN to desist from such conduct as
there was nothing personal to him in the case

He adjourned till October 6 for the hearing of all
applications. 

Among others, the plaintiff is seeking a declarative relief for
an order of mandatory injunction pending the determination of the
Motion on Notice dated 15th June, 2021 for orders of interlocutory
injunction, commanding the 1st Defendant/ Respondent to reverse the
resolutions and or decisions purportedly passed at the purported
Annual General Meeting of the Lagos Motor Boat Club held on the
June 17, 2021 “in contempt of the court and pending processes.”

He is praying the court to set aside all the proceedings,
resolutions and or decisions purportedly passed or returns on any
purported elections into the offices of the officers at the club’s
purported Annual General meeting held on June 17, 2021 “which said
the meeting was held and resolutions passed thereat while the
matter was pending in court”

The plaintiff is also seeking for orders of interlocutory
injunction, restraining the 1st Defendant whether by themselves or
through the Officers of the Club from giving effect to any
resolutions and or decisions purportedly passed at the Club’s
‘purported Annual General Meeting “which was held on 7th of June,
2021 in contempt of this Honourable Court and the pending court
processes.”

The applicant, apart from challenging his expulsion/suspension
from the membership of the Club, is also challenging his
disenfranchisement by the 1st Defendant to contest elections for
the position of Duty Officer of the Committee of the Club held on
5th October 2020.

He averred that by his Solicitors’ letter “duly received and
acknowledged by the 1-6th defendants, the 1-6th Defendants as at
June 16, 2021 had notice of the pendency of both the instant suit
and the aforesaid Motion on Notice for interlocutory
injunction.

“Notwithstanding the aforesaid notice, the 16th Defendants in
crass contempt of this Honourable Court and pending court processes
held the said Annual General Meeting on 17 day of June 2021 whereat
resolutions were passed and Returns on elections into certain
offices of the officers and Committee of the Club were made.”

A Federal High Court sitting in Lagos has granted Mr Babajide
Coker an order of substituted services in his suit challenging his
expulsion/suspension from the membership of the Lagos Motor Boat
Club.

Justice Ambrose Leweis Allagoa made the order sequel to a
motion filed and argued by his counsel, Senior Advocate of Nigeria
(SAN) Kemi Pinheiro.

Coker, the sole plaintiff/applicant, commenced the suit, marked
FHC/L/CS/578/2021, on March 16, 2021.

The 1st to 7th defendants/respondents are the Registered
Trustees of Lagos Motor Boat Club, Dr. Dapo Majekodunmi, Mr
Babajide Balogun, Babalola Alakolaro, Ladi Ani Mumuny, Prince
Frances Awogboro and the Corporate Affairs Commission (CAC).

At the commencement of proceedings on Friday, July 16, Mr
Pinheiro SAN prayed the court to allow Plaintiff to have an
alternative way of serving the court processes on the defendants on
the ground that they were avoiding service.

But counsel to the 6th defendant Eyimofe Atake SAN, opposed this
application and whilst opposing it had conducted himself in a
manner which the Court considered to be unprofessional. The Court
thereafter admonished Mr. Atake SAN to desist from such conduct as
there was nothing personal to him in the case

He adjourned till October 6 for the hearing of all
applications. 

Among others, the plaintiff is seeking a declarative relief for
an order of mandatory injunction pending the determination of the
Motion on Notice dated 15th June, 2021 for orders of interlocutory
injunction, commanding the 1st Defendant/ Respondent to reverse the
resolutions and or decisions purportedly passed at the purported
Annual General Meeting of the Lagos Motor Boat Club held on the
June 17, 2021 “in contempt of the court and pending processes.”

He is praying the court to set aside all the proceedings,
resolutions and or decisions purportedly passed or returns on any
purported elections into the offices of the officers at the club’s
purported Annual General meeting held on June 17, 2021 “which said
the meeting was held and resolutions passed thereat while the
matter was pending in court”

The plaintiff is also seeking for orders of interlocutory
injunction, restraining the 1st Defendant whether by themselves or
through the Officers of the Club from giving effect to any
resolutions and or decisions purportedly passed at the Club’s
‘purported Annual General Meeting “which was held on 7th of June,
2021 in contempt of this Honourable Court and the pending court
processes.”

The applicant, apart from challenging his expulsion/suspension
from the membership of the Club, is also challenging his
disenfranchisement by the 1st Defendant to contest elections for
the position of Duty Officer of the Committee of the Club held on
5th October 2020.

He averred that by his Solicitors’ letter “duly received and
acknowledged by the 1-6th defendants, the 1-6th Defendants as at
June 16, 2021 had notice of the pendency of both the instant suit
and the aforesaid Motion on Notice for interlocutory
injunction.

“Notwithstanding the aforesaid notice, the 16th Defendants in
crass contempt of this Honourable Court and pending court processes
held the said Annual General Meeting on 17 day of June 2021 whereat
resolutions were passed and Returns on elections into certain
offices of the officers and Committee of the Club were made.”