A Federal High Court in Lagos has adjourned until May 4, hearing in a suit seeking the winding up of the sponsors of the Big Brother Naija (BBNaija) Show, Payporte Global System Ltd.
The petitioner (Vacant Board) had filed a debt recovery suit against Payporte in 2015.
The Court had in its judgment delivered on May 27, 2016, awarded the sum of N23.1 million against Payporte in favour of the petitioner.
The petitioner, however, contends that on Feb. 27, 2017, the respondent made a part payment of N5 million, leaving a balance of N17.1 million which it has failed to liquidate till date, despite several demand letters.
It, therefore, filed a winding-up petition before the Federal High Court on Dec. 29, 2017, asking it to wind up Payporte.
When the case came up for mention, Mr Yemi Fajuyitan, announced appearance for the petitioner, but there was no representative for the respondent.
Consequently, the court has adjourned the case until May 4 for further mention.
In its notice of preliminary objection to the suit, dated April 25, 2018, the respondent is challenging the jurisdiction of the court to entertain or even hear the petition.
Respondent counsel contended that the said petition for winding up, failed to comply with the provisions of sections 5 and 6 of the Companies Winding-Up Rules, 2001.
He argued that no summons was filed by the petitioner, issued or sealed in respect of the said petition, adding that the failure rendered the petition null and void.
He added that a failure of the petitioner to file and serve the summons before the commencement of the winding up suit, robbed the court of jurisdiction to hear the suit.
According to him, the court jurisdiction cannot be competently activated in the petition as presently constituted.
Payporte contends that the court lacks jurisdiction to entertain the petitioner’s suit, as same is defective, bad in law, null and void, and an abuse of court process.
It urged that the winding up suit be dismissed, with substantial cost awarded against the petitioner.