Court permits international service in high-stakes management buyout case

Justice Akintayo Aluko of the Federal High Court in Lagos on Wednesday granted leave to Growthprenure Azeez Amida to serve court processes on three foreign entities involved in a disputed Management Buyout (MBO) transaction.

The order followed an ex parte application filed by Amida’s counsel, Prof. Kemi Pinheiro, SAN, requesting the court’s permission to issue and serve the originating processes and other court documents on the 3rd to 5th defendants — Development Partners International LLP, African Development Partners III LP, and Pat Holding Limited — all based outside Nigeria.

According to the application, the defendants are located at the following foreign addresses:

• 2nd Floor, Jubilee House, 2 Jubilee Place, London, SW3 3TQ, UK

• 4th Floor, Plaza House, Admiral Park, St. Peter Port, Guernsey, GY1 4BF

• 1 Bartholomew Lane, London, EC2N 2AX, UK

Amida also sought leave to serve the processes via airmail or internationally recognised courier services, arguing that this would constitute proper and lawful service under Nigerian law.

At the hearing, Bolu Agbaje Akadri of Pinheiro LP moved the ex parte motion, urging the court to grant leave for service outside jurisdiction.

He relied on Order 6, Rules 14, 15, and 22 of the Federal High Court (Civil Procedure) Rules and supported the application with a proposed writ of summons and statement of claim marked as Exhibit A.

Delivering a bench ruling, Justice Aluko held that the court was satisfied with the propriety of the application and accordingly granted all the reliefs sought.

The court further ruled that the defendants must enter an appearance within 45 days of being served and directed that the originating processes be properly endorsed for service outside jurisdiction, in compliance with Order 6, Rule 15.

In an affidavit supporting the motion, Amida explained that the dispute arose from a Management Buyout Transaction (MBT) negotiated with the 1st to 4th defendants — Verod Capital Management Limited, Verod Capital Growth Fund III LP, Development Partners International LLP, and African Development Partners III LP.

He argued that he has a strong cause of action and that the foreign defendants are necessary parties to the suit.

Amida further maintained that since the 3rd to 5th defendants operate outside Nigeria’s jurisdiction, obtaining leave of court is mandatory under the Sheriff and Civil Process Act and the applicable court rules.

He urged the court to exercise its discretion in his favour, describing the application as meritorious, just, and unlikely to prejudice the defendants.