The suit seeking the winding up of the sponsors of the 2018 edition of the Big Brother Naija Show, Payporte Global System Ltd has been slated for further mention on October 16.
Justice Ayokunle Faji of the Federal High Court in Lagos fixed the new date after an earlier fixed for mention on Tuesday.
The petition was filed by Vacant Board Ltd.
Mr. Ogedi Ogu appeared for the respondent, while Mr. Yemi Fajuyitan is counsel for the petitioner.
Naija News understands that this is coming barely a day after the Big Brother Naija 2019 episode was launched on air.
The Vacant Board Ltd had filed a debt recovery suit against Payporte, before a Lagos High Court in 2015.
The Court had in its judgment delivered on May 27, 2016, awarded the sum of N23.1 million against Payporte, in favour of the petitioner.
However, the petitioner's stand is that on Feb. 27, 2017, the respondent made a part payment of N5 million, leaving a balance of N17.1 million which it has failed to liquidate till date, in spite of several demand letters.
It, therefore, filed a winding up petition before the Federal High Court on Dec. 29, 2017, asking it to wind up the company.
Meanwhile, in its notice of preliminary objection on April 25 2018 the reality show sponsor sought the court to dismiss the petition of Vacant Board, while it asked for a substantial cost awarded against the petitioner.
Respondent counsel, Mr Ogedi Ogu holds that the said petition for winding up failed to comply with the provisions of sections 5 and 6 of the Companies Winding-Up Rules, 2001.
He also noted that no summons was filed by the petitioner, issued or sealed in respect of the said petition, adding that the failure rendered the petition null and void.
According to Mr. Ogu, the failure of the petitioner to file and serve the summons before the commencement of the winding up suit, robs the honourable court of jurisdiction to hear the suit, as same cannot be competently activated in the petition as presently constituted.
Payporte 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 court process.
Source: Naija News