ABBA BELLO MOHAMMED, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court, coram: Honourable Justice N. E. Maha, delivered on the 7th day of April 2022 in respect of the Appellants’ motion on notice dated 6th July 2020 for advertisement of the winding up petition.
The facts giving rise to the appeal were that the Respondent had engaged the services of the Appellants in 2011 to conduct feasibility studies in respect of its Coal Fired Plant. The Appellants duly conducted the studies and made reports to the Respondent. The Appellants made several demands on the Respondent to pay outstanding monies due to them and in a meeting held in May, 2015, the Respondent maintained that the sum due to the Appellants was US$135,705.00 (One Hundred and Thirty Five Thousand, Seven Hundred and Five Dollars only). The Respondent promised to pay the sum of US$20,000 to the Appellants by end of June, 2015 while the balance would be paid before the end of 2015…