Alleged $53,026 debt: Court to hear winding-up petition against Frutta Juice

A winding-up petition against popular beverage company, Frutta Juice and Services Limited, over an alleged $53,026.26 debt is set for hearing following an order by a Federal High Court sitting in Lagos.

The $53,026.26 debt is allegedly owed to Saudi Modern Packaging Factory Co. Ltd., the petitioner in the case.

The presiding judge, Justice Musa Kakaki, had on July 24, 2026, granted Saudi Modern Packaging Factory Co. Ltd. leave to advertise its petition seeking the winding-up of the company.

In the petition numbered FHC/L/CP/802/2023, filed before the Federal High Court in Lagos in April 2023, the petitioner alleged that Frutta Juice was unable to pay the outstanding debt despite repeated demands.

Following the order, the petition was advertised in national daily newspapers on August 13, 2026. Creditors and contributories of Frutta Juice were notified of the proceedings, and those wishing to support or oppose the petition were invited to appear at the hearing.

The court had earlier considered an application by the petitioner seeking permission to advertise the winding-up petition in accordance with Rule 19(1) of the Companies Winding-Up Rules, 2001.

Frutta Juice opposed the application but did not deny the existence of the alleged debt.

In its response to the application, the company attributed the delay in payment to the economic downturn occasioned by the COVID-19 pandemic and the continued depreciation of the naira against the United States dollar.

It maintained that it had the financial capacity to settle the debt.

The petitioner was represented by O.T. Opara, while Iluad Adams appeared for Frutta Juice and Services Limited.

However, in his ruling, Justice Kakaki held that the issues raised by Frutta Juice were largely matters to be determined during the substantive hearing of the winding-up petition.

Justice Kakaki noted that documents presented by the company, including records of its monthly production output and a list of authorised distributors across the country, demonstrated that it was operational but did not conclusively address the allegation that it had failed to pay the debt despite repeated demands.

The judge held that the petitioner had established a prima facie case based on an undisputed debt, while the respondent’s explanations could be considered at the substantive hearing.

Justice Kakaki consequently granted the petitioner leave to advertise the winding-up petition in the Federal Government Official Gazette and two national dailies.

The court also ordered the petitioner to file an affidavit of compliance attaching proof of publication.

The case was subsequently adjourned to November 24, 2026, for the hearing of the substantive winding-up petition.