The Federal High Court in Lagos has granted leave for the advertisement of a winding-up petition against Frutta Juice and Services Limited over an alleged debt of $53,026.26 owed to Saudi Modern Packaging Factory Co. Ltd.
Justice Musa Kakaki granted the order in a ruling delivered on July 24, 2026, allowing the Saudi packaging company to advertise the winding-up proceedings against the juice manufacturer.
The petition, marked FHC/L/CP/802/2023, was filed at the Federal High Court, Lagos, in April 2023.
Saudi Modern Packaging Factory alleged that Frutta Juice had failed to settle the outstanding debt despite repeated demands.
Following the court’s order, the petition was advertised in The Guardian Newspaper on August 13, 2026, notifying creditors and contributories of Frutta Juice of the pending proceedings and inviting interested parties seeking to support or oppose the petition to appear before the court.
The application before Justice Kakaki was brought pursuant to Rule 19(1) of the Companies Winding-Up Rules, 2001, seeking permission to advertise the petition.
Frutta Juice opposed the application but did not dispute the existence of the alleged debt, according to the court’s ruling.
The company attributed its delay in settling the debt to the economic impact of the COVID-19 pandemic and the continued depreciation of the naira against the United States dollar.
It also told the court that it had the financial capacity to repay the outstanding amount.
However, Justice Kakaki held that the issues raised by the company were matters to be determined during the substantive hearing of the winding-up petition.
The judge noted that documents submitted by Frutta Juice, including records of its monthly production output and a list of authorised distributors across Nigeria, showed that the company remained operational.
He said, however, that the documents did not conclusively resolve the petitioner’s allegation that the debt remained outstanding despite repeated demands.
Justice Kakaki held that the petitioner had established a prima facie case based on the alleged undisputed debt, while the explanations offered by Frutta Juice could be fully considered at the substantive hearing.
Consequently, the court granted Saudi Modern Packaging Factory permission to advertise the winding-up petition in the Federal Government Official Gazette, THISDAY Newspaper and The Guardian Newspaper.
The petitioner was also directed to file an affidavit of compliance, attaching evidence of the publications, before the next adjourned date.
The case was adjourned until November 24, 2026, for the hearing of the substantive winding-up petition.
O.T. Opara represents Saudi Modern Packaging Factory Co. Ltd., while Iluad Adams is counsel to Frutta Juice and Services Limited.
