SUBURBAN BROADBAND LIMITED NIGERIA V. INTELSAT GLOBAL SALES AND MARKETING LIMITED

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…