A judgment or order which is a nullity owing to failure to comply with an essential provision, such as service of process, can be set aside…

A court has jurisdiction when: (1) properly constituted; (2) subject matter within its jurisdiction; and (3) the case is initiated by due process of law, including…

In the face of direct conflict on crucial and material facts, the learned trial judge must call for oral evidence from the defendant or such other…

It is the law that neither a party nor a court is permitted to argue or deal with an issue not related to any ground of…

The dispute must be genuine, not a sham, but a real one based on substantial grounds.

Care and utmost caution must be exercised in proceedings involving the termination of a company's life. The court must halt a petition likely to cause irreversible…

A winding-up petition for inability to pay debt is not to be treated like a claim for payment of debt. It is simply winding-up of the…

Where a company has a serious counter-claim arising from the same contract, the claims must first be established in a normal case before a winding-up petition…

Where the debt is not paid within the time allowed and the debt is bona fide disputed, a winding-up order may not be made. The creditor…

Where the debt is bona fide disputed, the creditor must seek remedy in an action for recovery of the debt. Until the issue of the company's…

Section 408 of CAMA provides that a company may be wound up if it is unable to pay its debts. The essential ingredients are: (a) there…

A winding-up order will not be made on a debt which is disputed in good faith by the company.