For cancellation of his flight to
Abuja, a Lagos lawyer, Mr. Ikechukwu Chiaha has sued the management of
Arik Air Limited. He told Justice Nasir Yunusa of a Lagos Federal High
Court yesterday that the cancellation of the flight caused him to miss
N50 million worth legal brief his client had promised to give him.
The lawyer prayed the court to order the airline to refund him the lost N50 million, pay him N18,000 as cost of the air ticket, and N75 million as general damages.
He also sought interest on the total sum at 21 per cent from September 1, 2010 until judgment is delivered, as well as cost of the action.
The lawyer prayed the court to order the airline to refund him the lost N50 million, pay him N18,000 as cost of the air ticket, and N75 million as general damages.
He also sought interest on the total sum at 21 per cent from September 1, 2010 until judgment is delivered, as well as cost of the action.
Chiaha said he bought an Arik Air ticket through a bank on August 31, 2010 and was issued a boarding pass, number ETKT 7252416610757-1. He said the flight was supposed to depart Lagos for Abuja at 7.30 on September 1, 2010 but did not take off at the appointed time as he and other passengers waited till after 10am.
He said it was after 10am that the airline’s officials told the passengers that the plane was prevented from flying that day because it had not paid navigational charges to the Nigerian Airspace Management Agency (NAMA). He said that he had to travel to Abuja by another airline, but by the time he arrived, he had been debriefed by his client who said the lawyer did not show seriousness by honouring the meeting time and therefore was not a man of his words.
The airline’s action was, negligent and amounted to a breach of contract, he stated, adding that Arik had refused to compensate him. “The defendant has failed, refused and/or neglected to compensate the plaintiff for damages suffered as a result of the breach,” he said.
However Arik Air, in its defence, denied the plaintiff’s claims and said operational and safety issues were reasons why scheduled flights were cancelled. The company maintained that passengers were always informed of the development. “As a responsible aviation company, the defendant usually resorts to delaying the flight rather than outright cancellation, which would be communicated to passengers before coming to the airport for boarding,” it said.
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