Bi-Courtney Group may
have moved a step closer to reclaim the General Aviation Terminal (GAT) of the
Murtala Muhammed Airport Terminal Two (MMA2), Lagos, which was taken over in
controversial circumstances by the Federal Airports Authority of Nigeria (FAAN),
in purported violation of the concession agreement between both parties.
This followed the decision of a Federal High Court judge, Justice I.N Buba striking out FAAN’s application to restrain Bi-Courtney from taking possession of the GAT, despite the Appeal Court judgment, which affirmed Bi-Courtney’s ownership of the terminal.
FAAN had filed the application on December 5, 2011, seeking several reliefs against Bi-Courtney “in respect of the use and operation of the Murtala Mohammed Airport Domestic Terminal 2, Ikeja, Lagos, by the defendant (Bi-Courtney) pursuant to a concession agreement executed between the Federal Government and the defendant.”
The essence of the suit by FAAN was “to restrain the defendant from taking over the control of the General Aviation Terminal of the airport.”
The plaintiff (FAAN), also filed an ex parte application seeking certain interim injunctive reliefs which was granted by the court on December 6, 2011.
Bi-Courtney, however, filed an application seeking an order of court to set aside the interim order granted to FAAN on the ground that it concealed or failed to disclose material facts to the court in its application upon which the ex-parte interim order of December 6, 2011, was granted. The court delivered a ruling on February 27, 2012, setting aside the interim order.
Bi-Courtney, subsequently, filed a notice of preliminary objection dated April 10, 2012, challenging the competence of the suit and seeking “an order of court to strike it out for failure to fulfill condition precedent as contained in the concession agreement between the parties or alternatively an order dismissing the suit for being an abuse of court process.”
Bi-Courtney contended that FAAN instituted the action “without any resort to the dispute resolution mechanism provided in the concession, which is to the effect that any dispute arising from the agreement must first be referred to the Co-ordinating Committee for resolution.”
It also argued that the suit was “an abuse of court process in the sense that the reliefs sought were substantially the same as those already determined in one way or the other by the Federal High Court in Suit No. FHC/ABJ/CS/50/2009, the Court of Appeal, Abuja and same has been a subject of appeal to the Supreme Court by FAAN.”
In his ruling last Monday, Justice Buba held that the FAAN failed to comply with a condition precedent by commencing the suit without first referring the dispute to the Co-ordinating Committee in accordance with the terms of the Concession Agreement.
The court, however, refused the relief seeking to dismiss the suit on the ground that the suit, having already been declared incompetent cannot be subsequently dismissed. It, therefore, struck it out.
This followed the decision of a Federal High Court judge, Justice I.N Buba striking out FAAN’s application to restrain Bi-Courtney from taking possession of the GAT, despite the Appeal Court judgment, which affirmed Bi-Courtney’s ownership of the terminal.
FAAN had filed the application on December 5, 2011, seeking several reliefs against Bi-Courtney “in respect of the use and operation of the Murtala Mohammed Airport Domestic Terminal 2, Ikeja, Lagos, by the defendant (Bi-Courtney) pursuant to a concession agreement executed between the Federal Government and the defendant.”
The essence of the suit by FAAN was “to restrain the defendant from taking over the control of the General Aviation Terminal of the airport.”
The plaintiff (FAAN), also filed an ex parte application seeking certain interim injunctive reliefs which was granted by the court on December 6, 2011.
Bi-Courtney, however, filed an application seeking an order of court to set aside the interim order granted to FAAN on the ground that it concealed or failed to disclose material facts to the court in its application upon which the ex-parte interim order of December 6, 2011, was granted. The court delivered a ruling on February 27, 2012, setting aside the interim order.
Bi-Courtney, subsequently, filed a notice of preliminary objection dated April 10, 2012, challenging the competence of the suit and seeking “an order of court to strike it out for failure to fulfill condition precedent as contained in the concession agreement between the parties or alternatively an order dismissing the suit for being an abuse of court process.”
Bi-Courtney contended that FAAN instituted the action “without any resort to the dispute resolution mechanism provided in the concession, which is to the effect that any dispute arising from the agreement must first be referred to the Co-ordinating Committee for resolution.”
It also argued that the suit was “an abuse of court process in the sense that the reliefs sought were substantially the same as those already determined in one way or the other by the Federal High Court in Suit No. FHC/ABJ/CS/50/2009, the Court of Appeal, Abuja and same has been a subject of appeal to the Supreme Court by FAAN.”
In his ruling last Monday, Justice Buba held that the FAAN failed to comply with a condition precedent by commencing the suit without first referring the dispute to the Co-ordinating Committee in accordance with the terms of the Concession Agreement.
The court, however, refused the relief seeking to dismiss the suit on the ground that the suit, having already been declared incompetent cannot be subsequently dismissed. It, therefore, struck it out.
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