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Court Orders Winding-Up Advert Against Frutta Juice Over $53k Debt

The Federal High Court in Lagos has granted a Saudi company leave to advertise a winding-up petition against Frutta Juice and Services Limited over an alleged $53,026.26 debt.

Justice Musa Kakaki granted the order on July 24, 2026, following an application by Saudi Modern Packaging Factory Co. Ltd. seeking permission to advertise the petition.

The petition, marked FHC/L/CP/802/2023, was filed in April 2023 over the alleged failure of Frutta Juice to settle the debt despite repeated demands.

Following the order, the petition was advertised in The Guardian on August 13, 2026, notifying creditors and contributories of the company of the proceedings.

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

The company attributed the delay in payment to the economic impact of the COVID-19 pandemic and the continued depreciation of the naira against the US dollar.

It also told the court that it had the financial capacity to settle the debt.

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

The judge said documents presented by the company, including its monthly production records and list of authorised distributors, showed that it was operational but did not conclusively address the allegation that it had failed to pay the debt after repeated demands.

Justice Kakaki held that the petitioner had established a prima facie case based on an undisputed debt, while Frutta Juice’s explanations could be considered at the substantive hearing.

The court consequently granted the petitioner leave to advertise the winding-up petition in the Federal Government Official Gazette, THISDAY and The Guardian newspapers.

The petitioner was also ordered to file an affidavit of compliance attaching proof of publication before the next adjourned date.

Counsel for the petitioner is O.T. Opara, while Iluad Adams represents Frutta Juice and Services Limited.

The order to advertise the petition does not mean that Frutta Juice has been wound up, as the substantive petition remains pending before the court.

The case has been adjourned until November 24, 2026, for hearing of the substantive winding-up petition.