Individual or minority members cannot bring a suit except when it is intended for enforcement of personal rights of members or to prevent the company from doing any ultravires or illegal act, fraud or oppression and mism

There are basically two types of rights that are enjoyed by the members of the company. One is the personal right and the other is the corporate right. In the landmark case of C.L Joseph v. Jos and Anr the Kerela High Court observed that: There are two kinds of rights for a member of a company, on the individual membership rights and the other the corporate membership right. So far as the corporate membership rights are concerned a shareholder can assert those rights only in conformity with the decision of the majority of the shareholders. An individual membership is a right to maintain himself in full membership with all the rights and privileges appertaining to that status. The right implies that the individual shareholder can insist on the strict observance of the legal rules, statutory provision and provisions in the memorandum and articles cannot be waived by the majority shareholders. In certain circumstances an individual member may bring an action to remedy a wrong done to his company or to compel his company to conduct its affair in accordance with the constitution and the rules of law governing it, even though no wrong has been done to him personally, even though the majority of his fellow members do not wish the action to be brought. It should be carefully noted that the rule in Foss v. Hartbottle to cases when corporate membership is involved provided that the case is not of an exception of the rule derived in the above case or for example if the acts are done ultra vires. Also section 241 of the companies Act, 2013 says that any member of a company who complains that the affairs of the company have been or are being conducted in a manner prejudicial to public interest or in a manner prejudicial or oppressive to him or any other member or members or in a manner prejudicial to the interests of the company can apply to the tribunal for relief. Hence, the law allows intervention by the individual member in case of wrong done to him personally or any act done by the company that is illegal or ultra vires.