17th March, 2011
The Chairman and Chief Executive Officer of Dasab Airlines Limited in liquidation, Dr. Titus Oludare and his company have filed an application before a Federal High Court in Lagos, urging it to set aside the order of winding up of the company.
The applicants are also urging the court to set aside the order appointing Mr. Emmanuel Obi of Multiworld Logistics Limited as the liquidator of the airline.
Joined as co-respondents are a former employee of Dasab Airlines, Mr. Emmanuel Osinkaye and the liquidator, Mr. Emmanuel Obi.
What led to the application started some time in July 2008, when Emmanuel Osinkaye instituted a wind up petition against Dasab Airlines on the ground that the company was insolvent and could not pay N420,000 it was owing him.
The application was not opposed and consequently, Justice Pat Ajoku, in his judgment on 20 October, 2009, ordered that the company be wound up and Mr. Emmanuel Obi of Multiworld Logistics was appointed as the liquidator.
However, in an affidavit sworn to by Mr. Gbenga Olubunmi, personal assistant to the companyâ€™s chairman and filed before the court by a Lagos lawyer, Mr. Anthony Omaghomi, the deponent averred that the petition for winding up was never served on the company and therefore denied it of defending the suit.
The plaintiffs therefore urged the court to rescind its decision to wind up the company on the grounds that the petitioner fraudulently obtained the order of the court based on misrepresentation of facts as the petition was on disputed debt and there was no evidence placed before the court to show that the company had admitted the alleged sum or any other sum of money.
Olubunmi averred further that the petitioner failed to comply with strict requirements of company winding up rules which require advertisement in a minimum of two newspapers.
The proof of service which the court relied on to proceed with the hearing of the petition dated 12 September, 2008 and sworn to by the courtâ€™s bailiff was allegedly served on one Celestine Eboh, who never described himself as a director, trustee, secretary or principal of the company as required by law.
Based on these, the plaintiffs are urging the court to set aside all orders made in all the proceedings, while Justice Ajoku adjourned till 4 April, 2011 for Mr. Anthony Omaghomi to argue his application.