Try by Emirates Airways to not pay judgment sum of $1.630 million and N50 million awarded in opposition to it by a Federal Excessive Courtroom in Lagos for illegal dialog of a businessman’s cash, met a brickwall yesterday, as Justice Muslim Sule Hassan dismissed the airline’s utility for keep of execution of the judgment.
The decide mentioned the appliance was missing in benefit.
Justice Hassan had on January 11, awarded the judgment sum in opposition to the airline, whereas delivering judgment in a go well with filed by the businessman, Mr. Orji Prince Chu Ikem.
The businessman had sued Emirates Airways in a go well with numbered FHC/L/CS/1006/2009, for illegally and unlawfully changing his cash totalling $1,630 million, throughout a enterprise journey from Lagos to China, in 2007.
He had consequently requested the courtroom for an order compelling the airline to pay him the $1.630 million and N50 million, for the untold hardship he was subjected to because of the mentioned unlawful and illegal conversion of his hand baggage that warehoused the mentioned $1.630 million.
Emirates Airways by its counsel, Chief Awa Kalu (SAN) had denied the businessman’s allegations and urged the courtroom to dismiss the businessman’s go well with.
However Justice Hassan had on January 11, 2021, whereas delivering judgment within the go well with, upheld the businessman’s reliefs and dismissed the airline’s defence.
Justice Hassan consequently ordered Emirates Airways to pay the businessman the sum of $1.630 million and N50 million.
Dissatisfied with the courtroom’s order, Emirates Airways by its counsel, appealed the judgment and urged Justice Hassan to remain execution of his order pending the willpower of its enchantment.
Urging the courtroom to remain execution, Kalu advised the courtroom that although his shopper might pay the cash to the judgment creditor, however they’re afraid that if his shopper’s enchantment succeeds at Attraction Courtroom, the judgment creditor will be unable to pay again the cash.
He mentioned: “We discovered that the judgment sum is large and the judgment creditor does not have the capability in the meanwhile to refund that sum; that is why we name for variation earlier than the exhaustion of judicial processes.
“We urge the courtroom to carry that the steadiness and if our enchantment succeed, can he pay again the cash? I urge the courtroom to order him to point out us assure that he pays the cash and a declaration for his livelihood”.
Responding to the airline’s utility, the businessman by his counsel, Chief Chris Ekemezie and Anayo Alpheus Mbah, urged the courtroom to dismiss Emirate Airways’ utility for keep and to make an order compelling it to pay the judgment sum into the courtroom’s account, pending the willpower of the enchantment filed by the airways.
The businessman’s counsel whereas citing Part 32 of the rule of the courtroom, requested the courtroom to order the airline to deposit the judgment sum within the Federal Excessive Courtroom’s account, pending the willpower of the enchantment.
He additionally advised the courtroom that the difficulty that his shopper ought to make an undertaken just isn’t relevant. Whereas added that the airways’ additional affidavit was out of time.
He additionally advised the courtroom that the airline’s additional affidavit arguments are authorized opinion, which is an offence to part 115 of the Proof Act.
He due to this fact urged the courtroom to strike out the airline’s utility for keep on judgment sum, for being unconvincing and order it to pay the cash into the courtroom’s account.
Delivering ruling on the purposes, Justice Hassan, dismissed the airline utility for keep for missing in benefit.
In dismissing the appliance, Justice Hassan held: “The appliance has not glad the circumstances to make the courtroom to train its discretion in its favour for granting the appliance.
“Consequently, the appliance is missing in benefit and similar is accordingly dismissed”.