Court permits publication of winding-up petition against Frutta Juice over $53,026 debt

The Federal High Court in Lagos has authorised Saudi Modern Packaging Factory Co. Ltd. to publicise a petition seeking the winding-up of Frutta Juice and Services Limited over an alleged $53,026.26 debt.

Justice Musa Kakaki granted the approval on July 24, 2026, allowing the petitioner to advertise the winding-up proceedings against the juice manufacturing company.

The petition, filed in April 2023 and numbered FHC/L/CP/802/2023, alleges that Frutta Juice failed to settle the debt despite repeated demands for payment.

Following the court’s order, the petition was published in The Guardian on August 13, notifying the company’s creditors and contributories of the proceedings and inviting parties interested in supporting or challenging the application to appear at the hearing.

The court had been asked to grant the petitioner permission to advertise the winding-up petition under Rule 19(1) of the Companies Winding-Up Rules, 2001.

Frutta Juice opposed the application but, according to the court, did not dispute the existence of the alleged debt.

In its defence, the company blamed the delay in settling the obligation on the economic difficulties triggered by the COVID-19 pandemic and the significant depreciation of the naira against the US dollar.

The company also maintained that it remained financially capable of paying the outstanding amount.

In his ruling, however, Justice Kakaki held that the issues raised by Frutta Juice were matters that would be properly determined when the substantive winding-up petition is heard.

The judge noted that documents submitted by the company, including its monthly production records and a list of authorised distributors nationwide, showed that the business remained operational.

However, he said the documents did not conclusively resolve the petitioner’s claim that the company had failed to pay the debt despite repeated demands.

Justice Kakaki consequently found that the petitioner had established a prima facie case founded on an allegedly undisputed debt and granted permission for the petition to be advertised.

The court directed that the winding-up petition be published in the Federal Government Official Gazette, THISDAY and The Guardian newspapers.

It also ordered the petitioner to file an affidavit confirming compliance with the publication order and attach evidence of the advertisements before the next adjourned date.

The substantive hearing of the winding-up petition has been fixed for November 24, 2026.

O.T. Opara is counsel to Saudi Modern Packaging Factory Co. Ltd., while Iluad Adams represents Frutta Juice and Services Limited.