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AIR VIA LTD.
V.
ORIENTAL AIRLINES

(2004) JELR 17422 (SC)

Supreme Court 23 Apr 2004 Nigeria
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- The case involves a winding-up petition filed by the appellant against the respondent's company due to unpaid debts. - The trial court ruled in favor of the appellant, but the Court of Appeal struck out the petition. - The main issue is w

Case Details

Suit Number:SC.13/2000
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:Olawale Akoni, Esq. (with him, T. Adebayo, Esq. and A. O. Akinseye [Miss] For Appellant AND Ben Diarhe, Esq. For Respondent
Other Citations:(2004) 9 NWLR (Pt. 878) 298, Air Via Ltd. v. Oriental Airlines Ltd (2004) 9 NWLR (Pt.878) 298 (2004) 18 NSCQR 292

ONU, JSC (Delivering the Leading Judgment): This is an appeal by the appellant against the judgment of the Court of Appeal sitting at Lagos per Dahiru Musdapher, E. O. Ayoola, JJCA (as they then were) and M. O. Onalaja, JCA, delivered on 20th April, 1998 wherein the lower court allowed the appeal of the respondent herein and struck out the winding-up petition filed by the appellant before the Lagos Division of the Federal High Court.

The appellant herein (as petitioner) in the winding-up petition brought under the Companies and Allied Matters Act, Cap. 59 of Laws of the Federation of Nigeria, 1990 (hereinafter referred to in short as CAMA) had commenced the winding-up proceedings against the respondent in the trial court by filing the petition at pages 3-34 of the record. The petition was served on the respondent and the petitioner (appellant) brought an application to advertise the said petition, the relevant paragraphs giving rise to the action commenced in the Federal High Court of…

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