Customer Support

SUBURBAN BROADBAND LTD. NIG
V.
INTELSAT GLOBAL SALES & MARKETING LTD

(2016) JELR 40971 (CA)

Court of Appeal 21 Mar 2016 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent filed a petition to wind up the appellant for its inability to pay its debts. - The appellant filed a motion to dismiss the petition, arguing lack of jurisdiction and incompetence. - The trial court dismissed the preliminar

Case Details

Suit Number:CA/A/135/2013
Judges:ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:M. I. Abubakar, Esq with him, Mrs. Seumbur Iyange For Appellant Dayo Ayoola-Johnson, Esq. For Respondent

JOSEPH E. EKANEM, JCA (DELIVERING THE LEADING JUDGMENT): The respondent by a petition dated and filed on 13/12/2010 prayed the Federal High Court Abuja Judicial Division ("the trial Court" for short) in Suit No FHC/ABJ/PET/12/2010 to wind up the appellant for its inability to liquidate its accrued debts to the respondent. The Petition was supported by an affidavit and a verifying affidavit.

The appellant in response, filed a notice of intention to appear under protest and a motion on notice praying for' inter alia' an order dismissing or striking out the petition for lack of jurisdiction and/or for being incompetent based on the following grounds.

"(i) There is no competent Affidavit in Support of and for Affidavit verifying the petition.

(ii) This Honourable Court has no jurisdiction to entertain this petition.

(iii) There was no valid demand for the payment of the alleged debt before the commencement of this action.

(iv) The Petitioner is not a corporate body registered in Nigeria or els…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.