BB Naija Sponsors Face Winding Up Suit

A Federal High Court in Lagos has fixed December 17 2018, to hear a winding up petition by Vacant Board Limited against sponsors of Big Brother Naija (BBN) Reality TV show, Pay Porte Global System Limited, Justice Ayokunle Faji fixed the date for hearing after granting a motion by the respondents seeking to regularise its processes.
At the hearing, Yemi Fajuyitan appeared for the petitioner, while Ovoke Borldokor appeared for the respondent. |Mr. Borldokor informed the court of his motion seeking an extension of time to file his reply to the petition. This application for regularisation was not opposed by the council to the petitioner.
The council to the petitioner also informed the court that he had filed his written replies as well as counter affidavit for the regularisation. While fixing December 17 2018, for hearing of the suit, the petitioner had filed a debt recovery suit against Pay Porte because a Lagos. High court in 2015 had in its judgement delivered on May 27, 2016 awarded the sum of N23.1 million against pay Porte in favour of the petitioner.
It was however, said that on February 27, 2017, the respondent made a part Payment of N5 million leaving a balance of N17.1 million which it had failed to liquidate till date inspite of several demand letters.
The petitioner therefore filed a winding up petition before the Federal High Court on December 29, 2017 asking the court to wind up the company.
Meanwhile, in its notice of preliminary objection on April 25, the respondent challenged the jurisdiction of the court to entertain or even hear the petition. The council to the respondent, Ogedi Ogu, held that the said petition for winding up failed to comply with the provisions of sections 5 and 6 of the companies winding up rules 2011.
He argued that no summon was filed by the petitioners, issued or sealed in respect of such petition adding that the failure rendered the petition nill and void. He said that the 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 as same cannot be competently activated in the petition as presently constituted.
payPorte therefore 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 suit be dismissed with substantial cost awarded against the petitioner.