Federal High Court Abuja
Flight cancellation: Abuja Court orders Qatar Airways to defend ex-lawmaker’s N30 million damages suit
The Federal High Court Abuja has ordered Qatar Airways to enter defense in a suit filed by an ex-lawmaker, Honorable Chukwuemeka Ujam, who seeks N30 million exemplary damages against the airline for allegedly canceling his business class flight to the United States.
Justice James Omotosho gave the directive on Monday after the applicant closed his case in his suit marked FHC/ABS/CS/1990/2022.
Claim of the applicant
In his writ of summon seen by Nairametrics, Ujam, through his lawyer, Chibuike Maxwell, submitted that the airline had cancelled his client’s flight without prior notice as required by relevant laws in the airline industry.
He maintained that despite reaching out, the company has allegedly refused to reimburse his client.
According to the lawyer, the airline customer was entitled to be given at least 3-7days notice of cancellation of the flight by Qatar Airways before the departure date either by text message, call, or email.
He further submitted that the plaintiff is entitled to some provision of compensation in the event of flight cancellation, and reimbursement of the money paid for the ticket but the defendant has allegedly failed on its obligations which caused severe damages and untold difficulty for the plaintiff.
The lawyer added,
“Further to the above, the Plaintiff was devastated and utterly frustrated at the Airport when he became aware that the flight had been cancelled. This was due to the nature and extreme importance of the program he was scheduled to attend as a panelist, in which many African country representatives and the United States including the US Secretary of State were in attendance, it would be so bad and absurd the Plaintiff who was a panelist/ guest speaker and a Nigerian country representative in such a high profile international program to be absent.
“To this end, the Plaintiff approached the defendant’s staff at the Airport for a reimbursement of money paid for the flight ticket so that he could look for an alternative flight for his trip, but he was not reimbursed.
“While being confronted by the Plaintiff for reimbursement and or re-route on the 13th July 2022, the Defendant’s staff started looking for an alternative Airline cartier to re-route the Plaintiff and eventually got a Lufthansa Economy ticket which the Plaintiff rejected because his earlier ticket was business class and he needed comfort for the distance journey and was also having arthritis and would not be able to sit long at the Economy ticket folding his legs.”
The ex-lawmaker urged the Court to declare Qatar Airlines’s alleged flight cancellation as unlawful and a breach while compensation should be paid.
“An order of the Honorable Court compelling the Defendant to pay the sum of USD 3,000 Dollars to the Plaintiff being the money paid on the 13th July 2022, for Lufthansa one-way Business Class flight ticket to Los Angeles, United States after the Defendant’s fight was cancelled.
“An order of the Honourable Court compelling the Defendant to pay the sum of N30, 000, 000.00 (Thirty Million Naira) only as general and Exemplary damages,” Ujam sought.
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What transpired in court
At the resumed sitting, A travel agent fielded by the Plaintiff, Daniel U., told the court that when a flight is cancelled, the airline notifies travel agencies and the traveler via email or any other alternative means but failed to do so regarding his client.
He said for reimbursement, he followed standard procedures which was to email and call the airline and there was hardly any response for the first two months, adding it usually takes about 4 to 8 weeks for airlines to reimburse their customers.
After taking the witness’ testimony, Justice Omotosho adjourned to 28 May 2024 for the airline to open its defense.
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 the applicants against institutions.
