ONOCHE
V.
ALAN DICK & CO LTD

(2003) JELR 80280 (CA)    
Court of Appeal  ·  CA/L/445/2001 ·  27 May 2003 ·  Nigeria
 · 
Other Citations
(2003) NWLR (pt 832) pg 451
CORAM
JAMES OGENYI OGEBE, J.C.A. (Presided) SULEIMAN GALADIMA, J.C.A. (Read the Leading Judgment) PIUS OLAYIWOLA ADEREMI, J.C.A.
Core Terms Beta
respondent
appellant
dispute
petition
petitioner
exhibit
paragraph
lower court
learned trial judge
alleged debt
position of the law
issue
respondent company
brief of argument
debt due
instant case
issue of the debt
second issue
appellant subject
bona fide
calm view
correct position of the law
debt of n1,206,600.00
decision of okeke
determination of the disputed issue of the respondent
dismissal of the petition
documentary evidence
facts of this case
federal high court
final conclusion
following grounds
following year
grounds of inability of the said respondent
hand of the petitioner
high court
honourable court lacks jurisdiction
humble view
leading judgment
learned judge
leave of this court
prima facie case
real issue
respect of the said sum of n1,206,600.00
said petition
serious allegations of the petitioner
shell project file of the respondent
time of termination of appellant
trite principle of law

GALADIMA, J.C.A. (Delivering the Leading Judgment):This appeal is brought by the appellant, who was petitioner in the lower court, against the decision of Okeke, (J), of the Federal High Court, Lagos Division, delivered on 31/5/2001. The facts of this case are simple and straightforward. The petitioner filed a petition for winding up the respondent company on the grounds of inability of the said respondent to pay debt of N1,206,600.00 (One Million, two hundred and six thousand six hundred Naira). Responding on the said petition, the respondent filed an application dated 8/7/91 praying for dismissal of the petition on the following grounds:

"(a) The alleged debt in issue is disputed by the respondent/

applicant.

(b)There is no certainty of who (i.e. debtor) is owing who whether it is the petitioner owing the respondent/applicant or vice versa.

(c)The company is not insolvent.

(d)There is no demand under the hand of the petitioner to the respondent/applicant in respect of the said sum of N1,…

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