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The Federal High Court, Lagos Division
Justice Akintayo Aluko of the Federal High Court in Lagos, yesterday, granted leave to Growthprenure, Azeez Amida, to serve court processes on three foreign entities in a disputed management buyout (MBO) transaction.
The ruling followed an ex-parte application filed by Amida’s counsel, Prof. Kemi Pinheiro (SAN), seeking permission to issue and serve originating processes and other legal documents on the third to fifth defendants—Development Partners International LLP, African Development Partners III LP, and Pat Holding—all located outside Nigeria.
According to the application, the defendants are on the second floor of Jubilee House, 2, Jubilee Place, London, SW3 3TQ, UK; fourth floor of Plaza House in Admiral Park, St. Peter Port, Guernsey, GY1 4BF, and 1, Bartholomew Lane, London, EC2N 2AX, UK.
Amida also sought leave to serve the processes via airmail or internationally recognised courier services, which he argued is proper and lawful under Nigerian law.
At the hearing, Bolu Akadri of Pinheiro LP moved the motion and urged the court to grant leave to issue and serve the processes outside Nigeria.
He relied on Order 6 Rules 14, 15, and 22 of Federal High Court Civil Procedure Rules and supported his arguments with a proposed writ of summons and statement of claim attached as Exhibit A.
Justice Aluko held that he was satisfied with the propriety of the application and accordingly granted the reliefs in full.
The court ruled that the defendants must enter an appearance in 45 days of being served and that the processes must be properly endorsed for service outside jurisdiction, in accordance with Order 6 Rule 15.
In an affidavit supporting the motion, Amida said the dispute stems from a Management Buyout Transaction (MBT) negotiated with first to fourth defendants—Verod Capital Management, Verod Capital Growth Fund III LP, Development Partners International LLP, and African Development Partners III LP.
He said he had a strong cause and that the foreign defendants were necessary parties.
He argued that because the offices of the third to fifth defendants are outside the court’s jurisdiction, leave of court was mandatory under Sheriff and Civil Process Act.
He urged the court to exercise its discretion in his favour, submitting that the application was meritorious, in the interest of justice, and would not prejudice the defendants. (The Nation)
