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(2018) JELR 40661 (SC)

Supreme Court 13 Jul 2018 Nigeria
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- The respondent filed a Winding Up petition against the appellant before the Federal High Court, Lagos. - The trial Court refused to grant the orders and directed the respondent to put the appellant on notice. - The appellant had previousl

Case Details

Suit Number:SC.401/2016
Judges:OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria
Counsel:Olabode Olanipekun with him, Faith Adarighofua, Shola Bojuwoye, Opemipo Oluwafemiand Kolawole Aro For Appellant G.C. Duru with him, O.A. Divine For Respondent
Other Citations:(2019) 2 NWLR (Pt. 1655) 55, (2018) JELR 77495 (SC)

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): FACTS - The respondent on 16th of October 2015, filed a Winding Up petition against the appellant before the Federal High Court, Lagos (the trial Court) in Suit No.FHC/L /1569/15 along with a Motion Exparte.

On the 27th of October, 2015 and in a well considered ruling, the trial Court refused to grant the orders, instead the trial judge directed the respondent to put the appellant on notice and adjourned the proceeding to a later date.

The learned counsel for the appellant stated that as a result of unsuccessful effort to obtain the Exparte orders against the appellant the petitioner re presented the application before Justice J. Tsoho who as well as refused to grant the Exparte orders and presented them to the Registry of the same as designated as NO.FHC/L/CP/1689/2015. On the 18th November, 2015, Justice Yunusa of the same Court granted the Exparte orders which had earlier been expressly declined by Justice Tsoho which are found …

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