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OKADA AIRLINES LIMITED v. FEDERAL AIRPORT AUTHORITY OF NIGERIA

(2014) JELR 36508 (CA)

Court of Appeal  •  CA/B/8/2010  •  7 Jul 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA PHILOMENA MBUA EKPE JCA UGOCHUKWU ANTHONY OGAKWU JCA

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Benin delivered by M.B. Idris J. on the 19/9/08 wherein the learned trial Judge granted the claims of the Respondent in its entirety as he found same to be meritorious. The following are the facts that led to this appeal:

The Appellant is a commercial airline operator and has a revalidated license to operate as a commercial airline carrier within Nigeria and Africa, the Respondent on the other hand is a statutory body created by the Federal Airport Authority of Nigeria CAP F5, Laws of the Federation of Nigeria 2004, which is empowered to make bye-laws regulating the use of airports in Nigeria, in furtherance of which the Federal Airports Authority of Nigeria Bye-laws 2005 were made. The bye laws make it an offence for anyone to park or leave any unserviceable aircraft in any part of the airport not designated for the repair or maintenance of aircraft,…

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