NIGERIA Law and Practice Contributed by: Tamuno Atekebo, Chinasa Unaegbunam, Naomi Kabowei and Favour Osayuwamen, Streamsowers & Köhn
2.6.3 Specific Courts for Aviation Disputes Aviation and the safety of aircraft form part of the mat - ters which, by virtue of Section 251 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), fall within the exclusive jurisdiction of the Federal High Court. Aviation matters that fall within the jurisdiction of the Federal High Court include matters falling within the Montreal Convention (ie, liability for the carriage by air of passengers and cargo as governed by that convention), as well as contractual disputes involving aircraft and/or interests in aircraft and aircraft parts. 2.6.4 Summary Judgment or Other Relief A lessor may obtain equitable or other injunctive relief pending the final resolution of judicial proceedings to enforce an aircraft lease. With regard to summary judgment, the lessor may be required to prove – among other things – that there is no genuine dispute of material facts regarding out - standing debt. Summary judgments in Nigeria are applicable to monetary claims. Temporary restraining orders and injunctions are avail - able to a lessor to prevent the lessee from removing the aircraft from a particular jurisdiction or to allow the lessor to recover possession of the aircraft. In order to grant injunctions, courts usually require the lessor to prove that there is risk of irreparable loss and to give an undertaking in the event that the court finds that the application for temporary restraining orders was frivolously made. Applications for summary judgments that are not contested could take between nine and 12 months to determine. Contested applications could last for 18 months. Injunctions, particularly those for interim relief, could be applied for and obtained within days to a month. 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments Nigerian courts recognise parties’ choice of foreign law and jurisdiction and will, as a general rule, give effect to the parties’ choice of a foreign governing law. However, Nigerian courts may assume jurisdiction over any matter subject to such a foreign law clause
in certain instances and have held that upholding such a clause is discretionary. Circumstances that a court will consider in deciding whether to uphold a foreign jurisdiction clause are listed in 2.1.2 Application of Foreign Laws . A waiver of immunity by parties to a lease can be waived and this will be recognised by the courts. 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards Nigerian courts recognise and enforce a final judg - ment of a foreign court as well as foreign arbitral awards without examining the merits of the matter, except where a party is contesting an application to recognise and enforce on grounds such as the judg - ment or award being contrary to public policy. 2.6.7 Judgments in Foreign Currencies A lessor under an aircraft lease, where the considera - tion is denominated in foreign currency, can obtain judgment in the foreign currency. 2.6.8 Limitations on Lessors’ Actions Following Termination Default interest is a matter of contract and is therefore subject to the agreement of the parties. However, any clause in a lease pertaining to default interest should be reasonable, as Nigerian courts generally do not enforce clauses that appear to be punitive. 2.6.9 Lessor’s Requirement to Pay Taxes/Fees No taxes arise from actions to enforce aircraft leases. However, the lessor must pay filing fees to the court if enforcement involves an application to the courts. Where the relief is monetary, filing fees will depend on the sum claimed up to the maximum limit where a claim exceeds the stipulated threshold. 2.6.10 Mandatory Notice Periods There are no mandatory notice periods for the lessor to comply with if it terminates the lease, except as may be provided in the lease agreement. A reasonable notice period is, however, advisable.
436 CHAMBERS.COM
Powered by FlippingBook