Unitech Drilling Raises Objection Against Winding Up Petition

A Federal High Court in Lagos has adjourned till October 8 for hearing the preliminary objection filed by a limited liability company, Unitech Drilling Company Limited, against winding up petition filed against the company by an Oil and Gas service provider company, AOS Orwell Limited.       

In a petition filed before the court, AOS Orwell Limited, alleged that Unitech Drilling engaged its Services within the period of May to August, 2019.       

The petitioner, company alleged further that it carried out and performed these services, thereafter issued its invoices both in US Dollar and Naira respectively, which were duly received by the respondent without any protest. 

The Services resulted in the total sum of $385,847.70 and N84,308,315.67.     

However, the petitioner states that it has made several demands to the respondent to liquidate this indebtedness but after several undertakings the respondent failed and refused  to make good its undertaking.     

Consequently, the petitioner contended that the respondent is weak and in a state of insolvency and as a result unable to pay its debt owed the petitioner in the sum of $385,84770 and N84,308,325.67. In the circumstances it is just and equitable that the respondent, Unitech Drilling Company be wound up.

Therefore, it prays the court that Unitech Drilling Company Limited may be wound up by the order of the court under the provision of the Company and Allied Matters Act, Cap C20 Law of the Federation 2004.           

However, Unitech Drilling has filed a notice of preliminary objection accompanied by a counter affidavit to the petition.       

In its objection the respondent contended that the court lack jurisdiction to entertain the suit on the ground that the headquarters of the company is at Uyo, Akwa Ibom State and not Lagos as claimed by the petitioner, therefore only Federal High Court in Akwa Ibom State that has jurisdiction over Uyo judicial division.       

In addition the respondent stated further that, the various invoices issued by the petitioner are all subject of serious contention and dispute between the parties, as the respondent never admitted those invoices.       

The purported statutory demand notice, of the petitioner was addressed to and was served at the Port Harcout office of the respondent and not at its registered or Head office at Uyo.       

Justice Chukwujekwu Aneke has adjourned till October 8, 2020 for the hearing of the respondent’s preliminary objection.