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CANSCO DUBAI LLC v. SEAWOLF OILFIELD SERVICES LIMITED & ANOR

(2018) JELR 35459 (CA)

Court of Appeal  •  CA/L/1191/15  •  15 Jan 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the Ruling of the Federal High Court delivered on the 6th day of November, 2015 in Suit No. FHC/L/CP/677/2015 upholding the Respondents' Preliminary objection and dismissing the Winding Up Petition filed by the Appellant as petitioner.

The background facts are that the Appellant filed a Winding Up Petition at the lower Court dated 12th May, 2015 in praying that the 1st Respondent may be wound up by the Court under the provisions of the Companies and Allied Matters Act, CAP C20, Laws of the Federation of Nigeria, 2004.

The appellant also filed a Motion Ex-parte dated 12th May, 2015, seeking preservative Orders of injunction and leave for the advertisement of the winding up proceedings. On the 2nd day of June, 2015, the appellant, having complied with the order of the lower Court to advertise the Winding up Petition, filed a Motion on Notice seeking the Order of the lower court to appoint a provisional liqui…

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