CASE DIGEST - COMPANY LAW; WINDING UP; A COURT ORDER FOR WINDING UP A COMPANY DOES NOT AUTOMATICALLY DISSOLVE THE COMPANY

EMMANUEL OBOH & ANOR. v. NIGERIA FOOTBALL LEAGUE LIMITED & 2 ORS.
SUPREME COURT OF NIGERIA

(PETER-ODILI; EKO; GARBA; SAULAWA; ABUBAKAR, JJ.SC)

Emmanuel Oboh & Anor. (Appellants) as Claimants at the High Court of Lagos State (trial court) on 9th July 2013., obtained a judgement in the sum of Two Hundred and Thirty-Two Million, Nine Hundred and Fifteen Thousand, Six Hundred and Forty-Four Naira (N232,915,644.00) against Nigeria Football League Limited (1st Respondent) as sole Defendant, at the trial court. The Appellants, as Judgment Creditors, in the exercise of their constitutional rights and powers proceeded by way of garnishee proceedings at the trial court to enforce the judgment dated 9th July 2013.

They proceeded against the 2nd and 3rd Respondents, as Garnishees, and the trial Court granted the garnishee order nisi against the garnishees attaching the sum owing in satisfaction of the judgment entered in favour of the judgment creditors. The trial court further ordered that the garnishees shall enter appearances within fourteen (14) days and shall file an affidavit to show cause why the order nisi should not be made absolute.