A legal practitioner, Babajide Idowu, has filed a lawsuit at the
Federal High Court in Lagos against Dana Airlines Limited for
allegedly delaying his flight for over 11 hours without adequate
notification.
Idowu, in a writ of summons dated November 28, 2019, accused the
defendant of breaching the contract of carriage between it and the
plaintiff “when it failed to convey the plaintiff on the time
scheduled for Flight No. 9J-356 on the 5th July, 2018 and delayed
the flight for about 12 hours.”
Idowu is urging the court to compel the airline to pay him
$4,150, “being the amount stipulated by the Convention for the
Unification of Certain Rules for International Carriage by Air,
signed at Montreal on 28th May, 1999, and domesticated by Section
48(2) of the Nigerian Civil Aviation Act 2006 and Schedule III of
the NCAA, for the unjustified delay of the plaintiff’s flight.”
The lawyer is also seeking N1m damages to cover for the
psychological trauma he allegedly suffered on account of the
12-hour flight delay.
He wants another N2m to cover for general damages and a separate
N500,000 as solicitor’s fee.
Idowu’s solicitor, Lekan Ikuomola, in the statement of claim,
explained that the plaintiff was a regular passenger with Dana
Airlines.
Ikuomola said his client was scheduled to fly with the airline
from Abuja to Lagos, having booked a flight with Electronic Ticket
ATBI0 for July 5, 2018 at 12.33pm on Flight No. 9J-356.
Idowu said he and about 70 other passengers who were affected
had previously demanded compensation through the law firm of Abiola
Sanni & Co. for the almost 12-hour flight delay, but no
compensation came till date.
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