By Robert Egbe
A Federal High Court in Lagos has dismissed a suit by Charlietam International Services Limited (CISL) seeking to wind up Aiteo Eastern Exploration and Production Company Ltd (AEEPC).
Justice Olufemi Oguntoyinbo dismissed the suit following an application by AEEPC’s counsel Emeka Ozoani (SAN).
He held, among others, that the petitioner broke the rules of court by allegedly publishing the petition in a newspaper, prior to it being heard.
The judge awarded cost of N8n million against CISL.
Justice Oguntoyinbo held: “I have listened to the petitioner’s counsel (A. A. Adekeye) who prayed the court to withdraw the petition after she had adopted it.
“The undated process is defective, the learned Silk has asked that the petition be dismissed. Parties cannot ask for anything else once issues are joined.
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“The petitioner went against the rule of the court by having the petition published in ThisDay newspaper when the matter had not been heard by the court. The petitioner did not take necessary caution.
“It is ordered that the petition is hereby dismissed and cost of N8 million awarded in favour of respondent against the petitioner”.
CISL, a Rivers State-based oil servicing company, urged the court to wind up AEEPC, following its alleged inability to pay a N259, 068,753 million debt.
The petitioner, in the suit marked FHC/LA/CS/1818/2019, claimed that Aiteo failed to pay the money for services rendered to the respondent between December 2017 and March 2019.
The petitioner averred that the the application to wind up the company was on grounds of insolvency, pursuant to sections 408 and 409(a) of the Company and Allied Matters Act (CAMA).
At the resumed hearing of the matter on Friday, Adekeye, who claimed to be representing the petitioner, informed the court that she had an undated application, seeking to discontinue the petition against AEEPC.
Adekeye said: “We have a notice of discontinuance, we have served the respondent and it is aware of the application”.
In adopting the the notice of discontinuance, Adekeye told the court that it was in consonance with CAMA.
Responding, Ozoani, who led Mr. Joseph Nwatu and and Mrs. Mmesoma Unaeze, said the respondents served the notice of discontinuance while in court, the same morning.
He told the court, among others, that the petitioner published the petition in the October 19, 2019 edition of ThisDay newspaper, without a court order.
The Silk contended that the publication contained ‘injurious falsehood’, which caused apprehension in the respondent.
Ozoani, relying on case law, argued that a winding up petition cannot be used to establish a disputed debt.
He urged the court to dismiss the petition and demanded a cost of N10 million against the petitioner for injuring the reputation and corporate image of Aiteo by jumping the rules of court and publishing the petition on October 19, 2019 without the leave of the court.
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