Petitioner was a shareholder and contributory of the Respondent Company. He petitioned the Federal High Court claiming that it would be just and equitable to wind up the Respondent Company. He based this on the fact that since 1988, Mr. Sunday Olubadewo who was Chairman/Managing Director (MD) and sole signatory, had been running the company as if it were his own thereby refusing to give account of the operations of the Company despite repeated requests.

Petitioner also filed a motion on notice asking the Court to appoint a Provisional Liquidator pending the hearing and determination of the Petition. The affidavit in support contained facts similar to those alleged in the Petition.

The MD swore to a counter-affidavit denying the allegations made in support of the motion which recounted his attempts to convene an Extra Ordinary General Meeting so as to appoint the Petitioner as a director of the Respondent Company.

The learned trial Judge concluded that it was necessary to appoint a Provisional Liquidator to protect the company's assets. Such person should be appointed with the assistance of the parties. He gave an order restraining the MD from dealing with the assets of the Respondent Company.

Dissatisfied Respondent/Appellant appealed to the Court of Appeal which dismissed the appeal.