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KUPOLATI
V.
NEW CENTURY LAW PUBLISHERS LTD. & ORS

(2004) JELR 57870 (HC)

High Court 20 Dec 2004 Nigeria
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- The petitioner sought the winding-up of New Century Law Publishers Ltd. based on alleged company deadlock, withdrawal of capital and intellectual property, and cessation of membership by key stakeholders, invoking sections 408(c) and 407

Case Details

Suit Number:FHC/L/CS/1030/2003
Judges:SHUAIBU J
Counsel:Mr. Abayomi Adeosun for the Petitioner; Mr. B.A.M.Fashanu SAN for the Respondents/Applicants.

SHUAIBU J (Delivering the Ruling): Pursuant to sections 411 and 412 of the Companies and Allied Matters Act, 1990; Rules 4, and 183 of the Companies Winding-up Rules 2001; Order 3, rule 2 of the Federal High Court (Civil Procedure) Rules 2000 and under the inherent jurisdiction of the court, the respondents/applicants pray for:

1. AN ORDER dismissing the petition herein for the winding-up of New Century Law Publishers Ltd. dated 29th October, 2003.

ALTERNATIVELY:

2 AN ORDER staying all further proceeding in the petition herein dated 29/10/2003 pending:-

(a) Arbitration between the petitioner and 2nd respondent under the agreement between them dated 25th January, 2000.

AND for such further and or other orders as may deem fit in the circumstances.

The grounds upon which this application is predicated are:-

(i) The petition is an abuse of court process.

(ii) The petition is not bona fide.

(iii) The petition does not disclose a reasonable cause of action.

(iv) The petition is incompetent.

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