Appeal Court orders retrial of FAAN, tenant’s dispute

Appeal Court orders retrial of FAAN, tenant’s dispute

Appeal Court orders retrial of FAAN, tenant’s dispute

Engineer Saleh Dunoma, Managing
Director, Federal Airport Authourity of
Nigeria.

After its refusal to consent to the position
by the Federal Airports Authority of Nigeria
(FAAN), that the case is statue-barred, the
Court of Appeal, said the dispute should be
tried on its merits.
THE dispute between the Federal
Airports Authority of Nigeria (FAAN) and
Messrs. FESCUM and Company Limited
over the demolition of a structure
erected by the latter on a space allocated
by the government agency may not have
been over.
This is because a Court of Appeal, Lagos,
which found no merit in the argument,
canvassed by FAAN, that the litigation by
one of its tenants was statured-barred,
ordered that the Federal High
Court, Lagos should retry the matter.
However, as at press time, The Guardian
could not confirm the status of the
matter. It was not clear whether the
firm, whose property was demolished by
FAAN, still carries on with its case at the
trial court or not.
According to the court records, the
appellant, FESCUM, a registered limited
liability company, was the respondent’s
yearly tenant and had been in that
position for upward of 12 years.
On piece of ground rented to it by the
respondent, FAAN, the appellant, with
the approval by FAAN, erected a
warehouse and a concrete building of
eight offices, which were used by
FESCUM for assembling and processing
of cargo for transportation.
Between 1983 and 2003, the appellant
enjoyed the tenancy until May 10, 2003
when its managing director found a
notice to quit pasted on the gate of its
building on the rented space.
The notice to quit dated May 9, 2003
ordered the appellant to quit and deliver
possession of the rented space on or
before May 12, 2003. In the early hours
of May 12, 2003, FAAN caused a
caterpillar bulldozer to pull down the
tenant’s warehouse and building.
Aggrieved by the respondent’s action,
the appellant instituted an action against
the respondent at the Federal High
Court, Lagos claiming damages for the
destruction caused by the respondent.
In reaction, the respondent’s raised a
preliminary objection in which it
contended that the action was statute-
barred under the Public Officers
Protection Act.
The trial court heard the parties and
upheld the objection. Consequently, the
trial court dismissed the suit.
Dissatisfied, the appellant appealed to
the Court of Appeal against the ruling of
the trial court.
In determining the appeal, the Court of
Appeal considered the provisions of
sections 20 and 22 of the Federal
Airports Authority of Nigeria Act, Cap.
F5, Laws of the Federation of Nigeria,
2004.
Their lordships, Justices Joseph Ikyegh,
Yargata Nimpar and Jamilu Tukur, said
the appeal has merit and should be
sustained.
In reviewing the case, Justice Ikyegh,
who read the lead judgment said the
cause of action in the suit arose by the
destruction of the building of the
plaintiff (FESCUM), while the present
action was instituted, the action was,
therefore, brought within the twelve
months limitation period provided by
section 20 of the FAAN Act.
Ikyegh added that the court, below,
accordingly erred by dismissing the suit
that it was statured-barred. “The appeal
has substance on this issue. I allow it.
The decision of the court below
dismissing the suit on the ground that it
is stature barred is hereby set aside.
“The substantive suit was not heard on
the merits at the court below, so the
issue of the nature of the tenancy
between the parties and its legal
implications cannot be looked into under
section 15 of the Court of Appeal Act,
2004, as no evidence was taken at the
court below to determine the said issue.
“For the preceding reason, I refrain
from delving into the said issue of
tenancy. The suit of is remitted to the
Federal High Court, Lagos to be heard by
another Judge other than Aliyu, J. Parties
to bear their costs”, Ikyegh concluded.