High Court dismisses state’s procedural objection, allowing Millennium Capital’s Maafaru airport appeal to proceed

The High Court has dismissed a procedural objection raised by the prosecution against the appeal filed by Millennium Capital Management over the cancellation of its agreement to develop an airport and regional port in Maafaru.

The case stems from the company’s civil suit seeking USD 475.7 million in damages after the state annulled the agreement signed on 7 November 2013 between the government and Millennium Capital. The Civil Court had ruled that the state cancelled the agreement in accordance with its terms and therefore owed no compensation. Millennium Capital appealed the decision at the High Court.

During the appeal process, the Ministry of Tourism submitted a procedural objection, arguing that Millennium Capital’s appeal was filed in violation of Article 285 of the Civil Procedure Code. The prosecution requested that the entire appeal be dismissed on that basis.

However, the High Court bench ruled that the objection was inadmissible.

Justices Huzaifa Mohamed and Mohamed Shaniz Abdullah noted that the points raised by the appellant met the standards required under the Civil Procedure Act. The judges said the case could not be dismissed at the procedural stage, as both parties must be given the opportunity to present arguments during thematic hearings.

Justice Abdul Maniu Hussain also supported dismissing the prosecution’s objection, stating that there was no legal basis for raising a procedural challenge that questioned the merits of the appeal.

With the High Court’s decision, the prosecution has been instructed to respond to the appeal in accordance with the Civil Procedure Act, and thematic hearings will proceed.