A Federal Court of appeal in Lagos on Tuesday, set Oct. 16 for further mention in a lawsuit seeking to wind up the sponsors of the Big Brother Naija Show, Payporte Global System Ltd.
The request was submitted by Vacant Board Ltd. Justice Ayokunle Faji set the date for even more mention of the lawsuit, which was previously set for reference on Tuesday.
Mr Ogedi Ogu showed up on behalf of the respondent, while Mr Yemi Fajuyitan is the petitioner’s counsel. On the next date, the case will now proceed.
The petitioner lodged a debt rehabilitation lawsuit against Payporte in 2015 against a Lagos High Court.
In its decision delivered on May 27, 2016, the Court granted N23.1 million in favor of the petitioner against Payporte.
However, the petitioner contends that the respondent made a partial payment of N5 million on February 27, 2017, leaving a balance of N17.1 million that it has failed to liquidate to date, despite several letters of request.
Therefore, in Dec. 29, 2017, she submitted a winding-up petition before the Federal High Court, asking the business to wind up.
Meanwhile, the respondent challenges the court’s jurisdiction to entertain or even hear the petition in its preliminary objection notice dated April 25.
Respondent counsel, Mr. Ogedi Ogu argues that the said winding-up petition did not comply with the provisions of sections 5 and 6 of the Winding-Up Rules of the Companies, 2001.
He claims that the petitioner did not file a summons, given or sealed against the petition, adding that the failure made the proposal null and void.
He said the petitioner’s failure to file and serve the summons before the winding-up suit began dresses the honorable court of jurisdiction to hear the suit, as the same can not be activated competently in the petition as it currently constitutes.
Payporte argues that the tribunal has no jurisdiction to entertain the petitioner’s lawsuit, as well as faulty, lawless, null and void, and abuse of court proceedings.
It urges the winding up suit to be rejected, with significant costs granted to the petitioner.