A Romanian airline, Dan Air, has filed a petition at the Nigerian High Court to register a $400,212 judgment debt against Arik Air Limited, a Nigerian airline. The legal move aims to enforce a judgment previously secured by Dan Air in a foreign jurisdiction.
According to court documents accessed by Chronicles Reporters, the judgment was delivered by a British court. The ruling, issued on October 17, 2023, awarded Dan Air a total of $400,212.75. This amount includes $363,625.85 in outstanding debt and $36,586.90 in interest accrued as of the judgment date. Despite the ruling, Arik Air has reportedly failed to settle the debt, prompting Dan Air to seek enforcement in Nigeria.
Dan Air’s decision to pursue registration of the judgment in Nigeria is seen as a strategic step. Since Arik Air operates and holds assets within Nigeria, this move could enable Dan Air to recover the debt by seizing the airline’s assets if the court approves the petition.
The court documents outline Dan Air’s petition, which states:
> “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 company and shows as follows:
1. 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).
2. The judgment ordered the payment of:
$363,625.85 as the outstanding debt.
$36,589.90 in interest as of the judgment date, accruing at 6% per annum or $59.77 daily until payment.
Costs related to the claim, including application expenses, subject to detailed assessment if not agreed.
The petition further explains that the judgment remains unpaid, amounting to $400,212.75 as of the filing date. Dan Air argues that unless the Nigerian High Court registers the judgment under Section 3 of the Reciprocal Enforcement of Judgments Ordinance, Cap. 175, Laws of the Federation of Nigeria, the airline may be unable to recover the full amount.
Dan Air has therefore requested the court to:
1. Grant leave to register the British court’s judgment as a judgment of the Nigerian High Court.
2. Permit enforcement of the judgment in Nigeria following its registration.
3. Make any other orders deemed necessary to facilitate the recovery of the judgment debt.
If successful, the court’s decision could allow Dan Air to seize Arik Air’s assets in Nigeria to settle the outstanding debt.
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