Bizman Urges Court To Refuse Emirates Airlines’ Stay Of Execution On $1.6m, N50m Judgment Sums
A businessman, Orji Prince Chu Ikem, has urged a Lagos Federal High Court, to dismiss a ‘stay of execution’, filed by the Emirates Airlines, on a judgement sum of $1.630 million and N50 million.
The businessman through his counsel, Chief Chris Ekemezie and Anayo Alpheus Mbah, urged Justice Sule Hassan, to refuse Emirate Airlines’ application for stay and to make an order compelling it to pay the judgement sum into the Court’s account, pending the determination of the appeal filed by the airlines.
Justice Hassan had on January 11, awarded the judgement sum against the airlines, while delivering judgement in a suit filed by the businessman.
The businessman had in a suit marked FHC/L/CS/1006/2009, dragged the airlines before the court, for illegally and unlawfully converted the sum of $1, 630 million USD, during a businessman trip from Lagos to China.
He consequently asked the court to order the airlines to pay him the said sum and N50 million, for the untold hardship it subjected himto, as a result of the said illegal and unlawful conversion of the businessman’s hand luggage that warehoused the said $1, 630 million USD.
Though, the airlines through its counsel, Chief Awa Kalu(SAN) denied the allegations and urged the court to dismiss the businessman’s suit.
Dissatisfied with Justice Hassan’s decision, Emirates Airlines, appealed the judgement and also an application filed a stay of execution of the order against it.
At the resumed hearing of parties on the stay of execution Wednesday, counsel to the airlines, Chief Kalu (SAN) told the court that the application is pursuant to section 32, Rules of the extant law of the court and under the inherent jurisdiction of the court.
Chief Kalu, while urging the court to grant the application, told the court that though, his client could pay the money to the judgement creditor, but they are afraid that if his client’s appeal succeeds, the judgement creditor, will not be able to pay back the money.
He said”we found out that the judgement sum is huge, and the judgement creditor does not have the capacity at the moment to refund that sum, this we call for variation before the exhaustion of judicial processes.
“We urged the court to hold the balance and if our appeal succeeds, can he pay back the money. I urge the court to show us a guarantee that he can pay the money and a declaration for his means of his livelihood”.
Responding, the businessman through his counsel, Chief Ekemezie, urged the court to dismiss the airlines’ application, as it has not disclosed any issue of law.
The businessman’s counsel while citing section 32 of the rule of the court, asked the court to order the airlines to deposit the judgement sum in the Federal High Court’s account, pending the determination of the appeal.
Chief Ekemezie also told the court that the issue that his client should make an undertaken is not applicable. While adding that the airlines’ further affidavit was out of time.
He also told the court that the airlines’ further affidavit arguments are legal opinion, which is an offence to section 115 of the Evidence Act.
He, therefore, urged the court to strike out the airlines’ application for a stay on judgement sum, for been unconvincing and order it to pay the money into the Court’s account.
The presiding judge, Justice Hassan, after listening to the parties’ submissions, adjourned till February 22, for ruling.
