NDK FINANCIAL SERVICES LTD. vs. FIRSTBANC FINANCIAL SERVICES LTD.

RULING Respondent/Applicant, FirstBanc Financial Services Ltd. (hereinafter referred to Firstbanc) has raised by this application an interesting legal question as to the form that a petition to the court for the liquidation of a company should take under the Bodies Corporate (Official Liquidations) Act, 1963,Act 180. The Petitioner/Respondent (hereinafter referred to as NDK) has filed processes seeking to liquidate Firstbanc under Act 180 and failing to caption the process it has initiated, it reads as follows: “Take Notice that this honourable court will be moved by counsel for and on behalf of the Petitioner herein, praying this honourable court for an order for the official winding up of the Respondent pursuant to section 4 of the Bodies Corporate (Official Liquidations) Act, 1963, Act 180 …” NDK then adds a petition which conforms to the form that a petition for divorce usually takes which accompanied the application with an affidavit in verification but added document...