Facts:

Sometime in October 2015, following irreconcilable differences between the parties regarding indebtedness of the appellant who had asserted completion of its debt obligations to the respondent owing to an earlier agreement reached by both parties, the respondent commenced a Winding Up petition against the appellant at the Federal High Court, Lagos Division.

After hearing respondent’s application, the trial court in its ruling refused to grant the prayers sought and further directed that the appellant be put on notice before the next adjourned date.

Dissatisfied, the respondent instituted another Winding Up petition at the Federal High Court, Lagos Division against the appellant. The appellant filed an objection on the ground that the suit amounted to an abuse of court process. In its ruling, the trial court granted respondent’s application.

Aggrieved and on appeal to the Court of Appeal, the appellant sought to discharge the orders made by the trial court. In its decision, the court discharged the ex parte orders made by trial court but failed to pronounce on other issues raised.

Further aggrieved, the appellant appealed to the Supreme Court. In its final judgment, the apex court granted appellant’s prayers but remitted to the Court of Appeal a lone issue seeking for the court’s determination on whether or not the suit leading to this appeal amounted to an abuse of court process.