NOTES ON UNITED BANK FOR AFRICA PLC v OTUNBA OLUTOLA SENBORE & NIGERIAN MOBILE TELECOMMUNICATIONS LTD (MTEL) (IN LIQUIDATION) CA/A/894/2017 UNREPORTED DELIVERED ON 28TH JUNE 2019

The Petitioner, Nigerian Mobile Telecommunications Limited presented a winding up petition to the Federal High Court inter alia for inability to pay its debts, the company being insolvent. The 1st Respondent was appointed as Liquidator on the 14th March 2014. The 1st Respondent as liquidator of MTEL, on 1st December, 2015 brought an application within the Petition against the Appellant bank (UBA PLC) who were not parties in the winding up petition, for recovery of the sum of N685,390,365.25 that was expressly admitted as due and payable by the Appellant as banker to the 2nd Respondent Bank which sum the company was prima facie entitled pursuant to sections 440 and 443(1) of the Companies & Allied Matters Act 1990 and Section 20 of the Evidence Act 2011.