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Aviation disputes in Nigeria have a dimension that many other commercial disputes lack: the asset at the centre of the dispute can be airborne and out of the country within hours. The asset generates revenue only when it is airborne, but it can also be used to easily evade judgment and frustrate creditors by leaving a jurisdiction before a claimant has had the chance to secure relief.
This article examines the practical framework governing aviation claims in Nigeria. It outlines which court has jurisdiction, analyzes the legal rules for detaining an aircraft, and clarifies how to distinguish a genuine aviation claim from a standard commercial dispute. The aim is to provide airlines, lessors, cargo operators, and passengers with the practical legal knowledge needed to successfully handle, win, or settle disputes in the Nigerian aviation sector by analyzing the Nigerian Constitution, relevant statutes, case law, and relevant applicable international conventions.
To view original Tope Adebayo article, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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