Flight cancellation: Abuja court orders Qatar Airways to pay Ex-Lawmaker $3,000 and N4.8 million

 

 

 

 

 

 

 

 

 

 

 

 

The Federal High Court in Abuja has ordered Qatar Airways to pay an ex-lawmaker, Honorable Chukwuemeka Ujam, a refund of $3,000 and N4.8 million in exemplary damages and costs for canceling his business class flight to the United States.

Justice James Omotosho delivered the judgment on Thursday in the suit marked FHC/ABS/CS/1990/2022 against the airline.

In his writ of summons, reported earlier by Nairametrics, Ujam, through his lawyer, Chibuike Maxwell, stated that the airline canceled his client’s flight without prior notice, as required by relevant laws in the airline industry.

Claim of the Applicant

Maxwell maintained that despite reaching out, the company allegedly refused to reimburse his client.

According to the lawyer, airline customers are entitled to at least 3 to 7 days’ notice of flight cancellations by Qatar Airways before the departure date, either by text message, call, or email.

He further asserted that the plaintiff is entitled to compensation in the event of flight cancellation and reimbursement of the ticket price; however, the defendant has allegedly failed in its obligations, causing severe damages and untold difficulties for the plaintiff.

The ex-lawmaker urged the court to declare Qatar Airways’ alleged flight cancellation unlawful and a breach of duty, and that compensation should be paid.

“An order of the Honorable Court compelling the Defendant to pay the sum of $3,000 to the Plaintiff, being the money paid on July 13, 2022, for a Lufthansa one-way Business Class flight ticket to Los Angeles, United States, after the Defendant’s flight was canceled.

“An order of the Honorable Court compelling the Defendant to pay the sum of N30,000,000 (Thirty Million Naira) as general and exemplary damages.”

“A declaration that the Defendant’s failure or neglect to give at least 3 to 7 days’ notice of its flight cancellation to the Plaintiff before the departure date for the Plaintiff’s flight ticket No: 157-3982343746 and Reference No: NGO9969 177, which was booked and paid for on July 1, 2022, for the Plaintiff’s trip to Los Angeles, United States, scheduled for July 13, 2022, and thereby ruining the Plaintiff’s trip, is a breach of duty by the Defendant and therefore unlawful.”

“The sum of N1,800,000 (One Million, Eight Hundred Thousand Naira) only, being the cost of prosecuting this suit,” Maxwell prayed.

The lawyer added that it would be unacceptable for the Plaintiff, a panelist and representative of Nigeria in a high-profile U.S. international program, to be absent. Hence, the Plaintiff approached the Defendant’s staff at the airport for reimbursement of the flight ticket to seek an alternative flight, but he was not reimbursed.

On its part, the airline’s witness from Lagos denied the claim, insisting that the organization did no wrong.

What the Judge Said

Passing his verdict on Thursday, Justice Omotosho held that the defense’s claim of no wrongdoing was “hearsay,” as the witness was not in Abuja where the infraction occurred.

The judge subsequently expunged the testimony of the airline’s witness from the records, relying on the exhibits submitted by the applicant regarding the timeline of the flight cancellation.

Justice Omotosho granted all the reliefs requested by the applicant, except that the damages would be N3 million with a 10% monthly interest on the total judgment sum until fully liquidated.

What You Should Know

Qatar Airways, headquartered in Doha, Qatar, is owned by the Qatari government.

The airline maintains offices in Nigeria and other parts of the world.

The Federal High Court has jurisdiction to determine the claims of applicants against institutions. (Nairametrics)