Court Permits International Service in High-Stakes Management Buyout Dispute

Justice Akintayo Aluko of the Federal High Court in Lagos has 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, Professor Kemi Pinheiro, SAN, seeking permission to issue and serve originating processes and other legal documents on the 3rd to 5th defendants—Development Partners International LLP, African Development Partners III LP, and Pat Holding Limited—all of whom are based outside Nigeria.

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

– 2nd Floor, Jubilee House, 2 Jubilee Place, London, SW3 3TQ, United Kingdom

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

– 1 Bartholomew Lane, London, EC2N 2AX, United Kingdom

The applicant also sought permission to serve the documents via airmail or internationally recognised courier services, arguing that such service would be proper and lawful under Nigerian law.

At the hearing of the application, Bolu Agbaje Akadri of Pinheiro LP moved the motion and urged the court to grant leave for service outside jurisdiction. He cited Order 6, Rules 14, 15, and 22 of the Federal High Court Civil Procedure Rules as the legal basis for the request, and supported his application with a proposed writ of summons and a statement of claim, which were attached as exhibits.

In a brief bench ruling, Justice Aluko held that he was satisfied with the merits of the application and granted the reliefs in full. The court further ruled that the originating processes must be properly endorsed for service outside jurisdiction, in accordance with Order 6 Rule 15. The defendants were ordered to enter appearance within 45 days of being served.

In a sworn affidavit filed in support of the application, Amida disclosed that the legal dispute arises from a Management Buyout Transaction 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 the foreign defendants are necessary parties to the suit and that leave of court was required under the Sheriff and Civil Process Act due to their location outside Nigeria.

He urged the court to exercise its discretion in his favour, stating that the application was meritorious, in the interest of justice, and would not cause any undue prejudice to the defendants.

The court’s decision now clears the way for Amida to formally commence proceedings against all parties to the contested buyout transaction, which legal observers say could have significant implications for private equity and investment governance in Nigeria.