RRSAT Global Communication Ltd v DAAR Communications Plc : Foreign Jurisdiction Clauses and Winding-up Petitions

This write-up appraises the ruling of the Federal High Court (FHC) in RRSAT Global Communications Ltd v DAAR Communications Plc – Suit No: FHC/L/CP/540/12 (“RRSAT v DAAR”) delivered on 26 January 2018 where the Court considered, inter alia, whether filing a winding-up petition in Nigeria was in breach of a foreign jurisdiction clause. This write-up respectfully disagrees with the Court's proposition that a company incorporated in Nigeria can only be wound-up under Nigerian law. The write-up however agrees with the Court, albeit on a different basis, that instituting winding-up proceedings in Nigeria does not constitute a breach of a foreign jurisdiction clause