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AIR VIA LTD. V. ORIENTAL AIRLINES

(2004) JELR 17422 (SC)

Supreme Court  •  SC.13/2000  •  23 Apr 2004  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

ONU, JSC (Delivering the Leading Judgment): This is an appeal by the appellant against the judgment of the Court of Appeal sitting at Lagos per Dahiru Musdapher, E. O. Ayoola, JJCA (as they then were) and M. O. Onalaja, JCA, delivered on 20th April, 1998 wherein the lower court allowed the appeal of the respondent herein and struck out the winding-up petition filed by the appellant before the Lagos Division of the Federal High Court.

The appellant herein (as petitioner) in the winding-up petition brought under the Companies and Allied Matters Act, Cap. 59 of Laws of the Federation of Nigeria, 1990 (hereinafter referred to in short as CAMA) had commenced the winding-up proceedings against the respondent in the trial court by filing the petition at pages 3-34 of the record. The petition was served on the respondent and the petitioner (appellant) brought an application to advertise the said petition, the relevant paragraphs giving rise to the action commenced in the Federal High Court of…

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