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

Flight cancellation: Abuja court orders Qatar Airways to pay ex-lawmaker ,000 and N4.8 million

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

Judge James Omotosho on Thursday delivered judgment in the lawsuit titled FHC/ABS/CS/1990/2022 against the airline.

In his summons, previously reported 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 aviation industry.

Applicant’s claim

Maxwell claimed that despite contact, the company allegedly refused to refund his client.

According to the lawyer, airline customers are entitled to a minimum notice of three to seven days before the departure date of Qatar Airways flights, either by text message, phone call or email.

He further alleged that the plaintiff is entitled to compensation in case of flight cancellation and refund of ticket price; However, the defendant allegedly failed to fulfill its obligations, causing the plaintiff to suffer serious damage and untold hardship.

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

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

“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 statement that the inability or negligence of the defendant to communicate the cancellation of his flight to the plaintiff at least 3 to 7 days in advance before the departure date of the plaintiff’s flight ticket No.: 157-3982343746 and reference number: 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. ”

“Only the sum of N1,800,000 (One Million, Eight Hundred Thousand Naira), 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 US international program, to be absent. Therefore, the plaintiff approached the defendant’s staff at the airport for a refund of the flight ticket to find an alternative flight, but he was not given a refund.

On his part, the airline’s witness from Lagos denied the claim, insisting that the organization had done nothing wrong.

What the judge said

Delivering his judgment on Thursday, Justice Omotosho ruled that the defense’s claim of no misconduct was ‘hearsay’ as the witness was not in Abuja where the offense occurred.

The judge then expunged the testimony of the airline witness from the records, based on the evidence submitted by the applicant regarding the timing of the flight cancellation.

Judge Omotosho granted all the damages sought by the applicant except that the damages would amount to N3 million with monthly interest of 10% on the total judgment amount until fully liquidated.