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THE REGISTERED TRUSTEES OF THE AIRLINE OPERATORS OF NIGERIA
V.
NAMA

(2014) JELR 40203 (SC)    

Supreme Court  ·  SC.149/2006 ·  28 Feb 2014 ·  Nigeria
CORAM
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
respondent
appellant
appeal
lower court
trial court
domestic en-route charges
court of appeal rules
airline operators of nigeria
ticket sales charge
notice of appeal
decree no.
reply brief
senior counsel
decision of the trial court
formal notice of preliminary objection
incorporated trustees of airline operators of nigeria
air travel
federal high court
judgment of the court
learned trial judge
name of the plaintiff
order of perpetual injunction
order of the trial court
record of appeal
respondent's brief
said section
wrong party
19th day of june
air traffic services
argument of the learned counsel
domestic air route
extant notice of appeal
functions of the 1st defendant
given situation
hold meetings
leading judgment
necessary steps
nigeria airspace agency act
notice of a preliminary objection
objection of the appellant
order of the court
respect of the preliminary objection
said brief of argument
section of the nigerian airspace management agency
similar issues
trial court inspite of opposition
use of that name

JOHN INYANG OKORO, JSC (DELIVERING THE LEADING JUDGMENT): By an originating summons dated 11th January, 2002, Airline Operators of Nigeria commenced an action against the Respondent herein and three others. It set out two questions for determination by the trial court as follows:-

"i. Whether having regard to the provisions to Section 7(i)(r) and or any other section of the Nigerian Airspace Management Agency (Establishment etc) Decree No. 48 of 1999 which defines the functions of the 1st Defendant to include "charge for services provided by the Agency" and the payment of 5% (five percent) Ticket Sales Charge (TSC) by the Plaintiffs (sic) to the Defendants, the Plaintiffs are not in compliance with the law to entitle the 1st Defendant to impose a "So-Called" Domestic En-Route Charges.

ii. whether having regard to the said Section 7(i) (r) and or any other section of Decree No. 48 of 1999, the Defendants have and or can exercise any powers to the detriment of the Plaintiffs to arbitrar…

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