A Federal High Court sitting in Lagos has struck out an application by Federal Airports Authority of Nigeria, FAAN, in which it had sought to restrain Bi-Courtney from taking possession of General Aviation Terminal, GAT, Murtala Mohammed Airport Domestic Terminal 2, Ikeja, Lagos.

The Court of Appeal had in its judgment affirmed Bi-Courtney’s ownership of the terminal.
Trial judge is Justice I. Buba.

FAAN had in the application, sought to stop Bi-Courtney “in respect of the use and operation of the Murtala Mohammed Airport Domestic Terminal 2, by the defendant (Bi-Courtney) pursuant to a concession agreement execu-ted between the Federal Go-vernment and the defendant.”

It had also sought “to restrain the defendant (Bi-Courtney) from taking over control of the General Aviation Terminal of the airport.”

FAAN had in an ex parte application, sought injunctive reliefs, which were granted by the court on December 6, 2011.

Bi-Courtney, however, sought to set aside the interim order granted to FAAN on the ground that it concealed and/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 an appeal challenging the competence of the suit and seeking “an order of court to strike it out for failure to fulfil 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.”