By G9ija

The case could not proceed on Monday before a Federal High Court in Lagos as earlier scheduled.

Counsel to the parties were told that a further date for the hearing would be communicated to them.

The petition was filed by Vacant Board Ltd. before Justice Ayokunle Faji who, on June 12, granted a motion for regularisation of court processes filed by counsel to the respondent, Messrs Voke Bolokor and Ogedi Ogu.

The court had adjourned until Dec. 17 for hearing of the application.

Vacant Board Ltd. had filed a debt recovery suit against Payporte before a Lagos High Court in 2015.

The court, in a judgment on May 27, 2016, awarded N23.1 million against Payporte in favour of the petitioner.

The petitioner, however, contended that Payporte made a part-payment of N5 million on Feb. 27, 2017, leaving a balance of N17.1 million in spite of several letters of demand.

It, therefore, filed a petition before a Federal High Court on Dec. 29, 2017, asking it to wind up the company.

In a notice of preliminary objection on April 25, the respondent, however, challenged the jurisdiction of the court to entertain the petition.

It argued that the petition for winding up failed to comply with the provisions of Sections 5 and 6 of the Companies Winding-Up Rules, 2001.

It also said that no summons was filed by the petitioner or issued in respect of the said petition, adding that the failure rendered the petition null and void.

Payporte added that failure of the petitioner to file and serve the summons, before the commencement of the winding up suit, robs the court of jurisdiction to hear the suit.

Payporte described the petition as defective, bad in law, null and void, and abuse of court processes.

It urged the court to dismiss the suit with a substantial cost against the petitioner.

Advertisements