Court of Appeal Dismisses AHS Ltd's Appeal in Aviation Case

The Court of Appeal dismissed an appeal filed by British aviation company Aviation Services International Ltd (AHS) against Precision Aviation Handling Company Ltd (PAHCOL), now known as AHS Aviation Handling Services Nig. Ltd, and others concerning a Joint Venture Agreement (JVA).

Justice Abang delivered the leading judgment on Monday, emphasizing the primacy of Nigerian law in transactions linked to Nigeria and finding AHS at fault for defaulting on the JVA. The appeal stemmed from a 2016 Memorandum of Understanding (MoU) between AHS and PAHCOL for developing aviation ground-handling services.

The court unanimously ruled that the trial court correctly determined that the failure to execute the JVA rendered the transaction inchoate, dismissing the appeal for lack of merit. The Federal High Court's previous ruling was affirmed, awarding N1 million in costs to the respondents.

The court also noted that the MoU had expired on June 30, 2017, and AHS had neglected its preliminary obligations, violating Nigerian law regarding foreign currency importation.