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The Court of Appeal granted extension of time to file a notice of appeal, finding the delay was technical and that alleged illegality in the High Court decision justified relief.
The initiation of winding up proceedings by the directors, who are also the only shareholders, was calculated to frustrate execution of the decree, justifying the lifting of the corporate veil to allow execution against the directors personally.
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The High Court’s Commercial Division marked the application withdrawn after the parties settled the main dispute, with no order as to costs.
The application was struck out because it was brought under the wrong legal provisions, as there are specific provisions under the Companies Act for winding up matters, and the applicant failed to comply with the requirement to cite the correct enabling law. Additionally, the applicant's reply submissions were filed out of time and were disregarded.
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The High Court dismissed an application seeking FIU investigation into alleged fraud and forgery in winding-up documents, finding the matter had already been reported to police and FIU.
The application is not tenable as there is no pending case between the applicant and respondent regarding the dispute that led to the threat of winding up; the cause of action in the main case is distinct and does not involve the dispute between applicant and respondent. The court cannot grant the orders sought in the absence of a proper suit between the parties.
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The applicant had a statutory right of appeal against the High Court's decision in winding up proceedings, subject to leave; revision proceedings are not maintainable as an alternative to appeal absent exceptional circumstances, which were not demonstrated.
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Temporary injunction cannot be granted against respondents to restrain disposal of assets not owned by the company; personal assets of directors are not subject to winding up unless veil is lifted in special circumstances, which are not present. 2nd Respondent wrongly joined as not party to winding up proceedings. Application fails criteria for injunction.
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Applicant's inability to pursue appeal due to unresolved legal representation constitutes good and sufficient cause for preferring revision; preliminary objection is overruled.
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Applicant's inability to appeal due to unresolved legal representation constitutes good and sufficient cause for preferring revision; preliminary objection overruled.
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