UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent herein, as a creditor of the Appellant herein, filed a Petition before the Federal High Court, Lagos Division in SUIT NO. FHC/L/CP/317/2013: MAIN ONE CABLE COMPANY LIMITED v. MOBITEL LIMITED, for the winding up of the Appellant Company. The Appellant could not see its way clear with the competence of the Petition, it consequently filed a notice of preliminary objection wherein it urged the lower Court to dismiss or strike out the Petition for being incompetent on the grounds , inter alia, that the provisions of Section 409 (a) of the Companies and Allied Matters Act was not complied with and that the debt allegedly owed by the Appellant is bona fide denied and disputed.
The lower Court took argument on the preliminary objection and in a considered Ruling delivered on 9th July 2015 it dismissed the preliminary objection. The Appellant being dissatisfied with the said Ruling appealed against the same. The …