A Romanian airline, Dan Air, has approached the Nigerian High Court to register a $400,212 judgment debt against Arik Air Limited, a Nigerian airline. 

The move is aimed at enforcing a court judgment obtained by Dan Air against Arik Air Limited in a foreign jurisdiction.

According to court documents obtained by SaharaReporters, Dan Air got a judgment against Arik Air in a British court, awarding the airline $400,212.75 (being $363,635.85 outstanding debt and interest as at Judgment of $36,586.90 on the 17th of October 2023).  

However, Arik Air has allegedly failed to pay the judgment debt, prompting Dan Air to seek enforcement in the Nigerian High Court.

The registration of the judgment debt in Nigeria is seen as a strategic move by Dan Air to recover the debt, as Arik Air has assets and operations in the country. 

If the registration is successful, Dan Air may be able to seize Arik Air’s assets in Nigeria to satisfy the judgment debt.

The document reads: “The humble petition of DAN AIR SRL (formerly DAN AIR (AOC) SRL and Just Us Air SRL) of 190A Garlei Street, Sector 1, 013726, Bucharest, Romania, (hereinafter called “the Petitioner”) is brought on behalf of the compary and shows as follows:

“On the 17th October 2023, the Petitioner in Claim No. KOOCL.302 obtained a Final Order/Judgment amended on 13th December 2023, from the County Court, Central London England, against Arik Air Limited (in Receivership of Arik Air Aviation Centre, Muritala Muhammed Domestic Airport, Ikeja, Lagos State; the Judgment Debtor herein, for:

“A. The sum of $363,625.85 (Three Hundred and Sixty-Three Thousand, Six Hundred and Twenty-Five US Dollars and Eighty-Five Cents).

“B. The sum of $36,589.90 (Thirty-Six Thousand, Five Hundred and Eighty- Nine US Dollars and Ninety Cents) being interest as at the time of Judgement and accruing at a rate of 6% per annum or $59.77 (Fifty-Nine US Dollars Seventy-Seven Cents) per day from due date until payment.

“C. Costs in respect of the Claim, including the cost of this application, such cost to be the subject of detailed assessment on the standard basis if not agreed.

“The Petitioner contends that the aforementioned Final Order:

“1. May be registered by this Honourable Court under the provisions of Section 3 of the Reciprocal Enforcement of Judgments Ordinance, Cap. 175, Laws of the Federation of Nigeria (“Cap 175”),

“2. Remains wholly unsatisfied in the total sum of $400,212.75 (Four Hundred Thousand, Two Hundred and Twelve US Dollars and Seventy- Five Cents) being $363,635.85 outstanding debt and interest as at Judgment of $36,586.90 on the 17th of October 2023, interest thereon at rate of 6% per annum or $59.77 per day from the 17th of October 2023, until payment.

“3. Unless the aforementioned Final Order is registered as a Judgment of the Federal High Court of Lagos State, Nigeria, pursuant to Section 3 of the Reciprocal Enforcement of Judgments Ordinance, Cap. 175, Laws of the Federation of Nigeria (“Cap 175”), so that same may be enforced in Nigeria, the Petitioner will not be able to recover in full from the Judgment Debtor the said sum of $400,212.75 being the Judgment Sum.

4. The Petitioner therefore humbly petitions this Honourable Court for the following Orders:-

“a. AN ORDER of this Honourable Court granting leave to register the Order/Judgment of the County Court, Central London, England, dated 17th October 2023 and amended 13th December 2023, which is attached to the Affidavit in Support of this Petition, as Exhibit SMB E, as a Judgment of this Honourable Court.

“AN ORDER of this Honourable Court granting leave to enforce the said Order/Judgment of the County Court, Central London, England, in Claim No. KOOCL302, dated 17th October 2023, and amended 13th December 2023, following its recognition and registration, as a Judgment of this Honourable Court.

“C. AND FOR SUCH FURTHER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.”

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