Facts:

The appeal is against the Ruling of the Federal High Court.

The Appellant filed a Winding-Up Petition against the Respondent. In response, the Respondent filed an objection seeking to dismiss/strike out the Petition on the grounds that it amounted to an abuse of court process since a similar action involving both parties and subject matter was already pending before the same Court but under a different Judge. The lower Court heard submissions from both parties and in its Ruling held that the Petition was an abuse of court process. It then struck out the Appellant’s Petition.

Aggrieved, the Appellant appealed to the Court of Appeal on seven grounds while the Respondent cross-appealed on two grounds.