The preliminary objection by Counsel for the Applicant raises one pertinent issue for determination, that is, whether a Respondent to an application brought under Section 217 of the Companies Act, 1963 Act 179 can invoke the Court’s jurisdiction by counter-claiming for the removal of a Director of an incorporated Company.
It is provided under Section 185 of the Companies Act, 1963, Act 179 that:
“(1) Subject to Section 300 and to this Section, a Company may by ordinary resolution at a general meeting remove from office all or any of the directors despite anything in its Regulations or in an agreement with the Director.
(2) A resolution to remove a director shall not be moved at a general meeting unless notice of the intention to move it has been given to the Company not less than thirty-five (35) days before the meeting at which it is to be moved.
(3) If after notice of the intention to move the resolution is given to the Company, a meeting is called for a date t…