Plane crash: Judgment stalled in Falae family’s suit

Judgment was stalled on Wednesday in a suit filed by the family
of former Commissioner for Culture and Tourism in Ondo State, late
Deji Falae.

The deceased’s family is praying the Federal High Court in Lagos
to hold that the Associated Aviation Nigeria Limited and the
Nigeria Civil Aviation Authority (NCAA) caused his death in a plane
crash through negligence.

The deceased was a passenger of a Flight 361 that crashed on
October 3, 2013 while conveying the remains of former Ondo State
governor, Olusegun Agagu, to the state for funeral.

The late Falae’s wife, Ese and three teenage children are
claiming damages from the defendants for alleged negligence.

They are claiming $100,000 as general damages and N219, 906,250
which the deceased would have earned in 15 years as a lawyer,
commissioner and owner of a construction firm had he not died.

In the alternative, the plaintiffs sought N108, 527,750,
£160,740 and $19,000 as special damages for alleged breaches of the
defendants’ respective duties under the Civil Aviation Act 2006,
Fatal Accident Act 1846 and Fatal Accident Law of Lagos State.

They also prayed for N5million as cost of filing the suit and
legal fees, and 10 per cent interest on the post-judgment sum.

The judgment was billed for Wednesday and parties were informed
by court officials that Justice Rabiu Hadiza Shagari would deliver
the verdict by 2: 00 p.m.

But the counsel for the parties, who waited for the judge to sit
on the matter, were invited into the judge’s chambers at 3:30
p.m.

One of the counsel informed journalists when they came out of
the judge’s chambers that the judgment was not ready, and that the
judge had adjourned it till March 29.

The family claimed that Associated Aviation, which operated the
chartered aircraft, breached Section 74 of the Civil Aviation Act
2006 by failing to procure a legally binding insurance policy
covering its liabilities, including compensation for damages that
may be sustained by third parties.

It also asked the court to hold that the company breached
statutory duties imposed by Section 55 of the Act when its aircraft
at 9:32 a.m., a minute after take-off, crashed just outside the
aerodrome and caused the deceased’s death.

Judgment was stalled on Wednesday in a suit filed by the family
of former Commissioner for Culture and Tourism in Ondo State, late
Deji Falae.

The deceased’s family is praying the Federal High Court in Lagos
to hold that the Associated Aviation Nigeria Limited and the
Nigeria Civil Aviation Authority (NCAA) caused his death in a plane
crash through negligence.

The deceased was a passenger of a Flight 361 that crashed on
October 3, 2013 while conveying the remains of former Ondo State
governor, Olusegun Agagu, to the state for funeral.

The late Falae’s wife, Ese and three teenage children are
claiming damages from the defendants for alleged negligence.

They are claiming $100,000 as general damages and N219, 906,250
which the deceased would have earned in 15 years as a lawyer,
commissioner and owner of a construction firm had he not died.

In the alternative, the plaintiffs sought N108, 527,750,
£160,740 and $19,000 as special damages for alleged breaches of the
defendants’ respective duties under the Civil Aviation Act 2006,
Fatal Accident Act 1846 and Fatal Accident Law of Lagos State.

They also prayed for N5million as cost of filing the suit and
legal fees, and 10 per cent interest on the post-judgment sum.

The judgment was billed for Wednesday and parties were informed
by court officials that Justice Rabiu Hadiza Shagari would deliver
the verdict by 2: 00 p.m.

But the counsel for the parties, who waited for the judge to sit
on the matter, were invited into the judge’s chambers at 3:30
p.m.

One of the counsel informed journalists when they came out of
the judge’s chambers that the judgment was not ready, and that the
judge had adjourned it till March 29.

The family claimed that Associated Aviation, which operated the
chartered aircraft, breached Section 74 of the Civil Aviation Act
2006 by failing to procure a legally binding insurance policy
covering its liabilities, including compensation for damages that
may be sustained by third parties.

It also asked the court to hold that the company breached
statutory duties imposed by Section 55 of the Act when its aircraft
at 9:32 a.m., a minute after take-off, crashed just outside the
aerodrome and caused the deceased’s death.