Plaintiff/Appellant was a shareholder and director in the Defendant/Respondent Company.

Without his “consent” the Board of Directors of the Defendant/Respondent Company transferred his shares to Edict Ltd. He instituted an action against the Company.

The action was captioned:

"ARJANDAS HIRANAND MELWAN] (Suing through His Attorney LATEPH AKINGBADE ADENIJI) Plaintiff AND FIVE STAR INDUSTRIES LIMITED Defendant"

At trial one Lateph Akingbade Adeniji, Plaintiffs attorney, testified and was cross-examined by counsel for the defence.

The trial Judge found in favour of the Plaintiff/Appellant.

Dissatisfied, the defendant/Respondent Company appealed to the Court of Appeal which allowed the appeal and set aside the judgment of the trial High Court.

Dissatisfied the Plaintiff/Appellant appealed to the Supreme Court.