RUMUGU AIR AND SPACE NIGERIA LIMITED V. FEDERAL AIRPORTS AUTHORITY OF NIGERIA & ANOR

SIDI DAUDA BAGE, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Honourable Justice T.A.O. Oyekan Abdullai sitting at the Lagos High Court delivered on the 20th day of May 2009 upon an application by the Appellant/Applicant for the enforcement of its fundamental right to acquire and own moveable immovable property, guaranteed by Sections 43 and 44 of the Constitution of the Federal Republic of Nigeria 1999 wherein judgment was given against the Appellant refusing its prayers, as the action ought not to have been commenced under the Fundamental Rights (Enforcement Procedure) Rules, but by writ of summons and statement of claim to enable parties state their respective claims.

The Appellant at the lower Court filed a motion on notice dated 19th May 2006 pursuant to the provisions of Section 46 of the Constitution of the Federal Republic of Nigeria 1999 and the Fundamental Rights (Enforcement Procedure) Rules 1979 for the enforcement of the Appellant's …