CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Tijjani Abubakar J of the Federal High Court Lagos in Suit No FHC/L/CS/1111/2006 delivered on the 25th day of July 2007 granting the Respondent leave to amend its petition and amongst other things to substitute the initial verifying affidavit attached to its Petition with a fresh verifying affidavit.
On the 22nd of December 2006, the Respondent filed a petition in the Federal High Court Lagos Division praying the Court to wind up Orion Project Services Nig. Ltd, (the 4th Appellant Company) pursuant to Section 408(a) of the Companies and Allied Matters Act 1990. The petition was supported by a verifying affidavit deposed to by one Taiwo Adesina, a Legal Practitioner in the Law Firm of the Respondent's Solicitor. On the same 22nd December 2006, the Federal High Court, pursuant to a Motion Exparte filed by the Respondent ordered that the shareholders of the 4th Appellant maintain the…