A Federal High Court in Lagos has ordered Virgin Atlantic Airways Limited to pay a total of N13.08 million in damages and costs to a passenger, Mrs Joy Nneka Ezetah, over its failure to allow her to board a scheduled flight from Lagos to London, a decision that disrupted her onward journey to Canada and resulted in financial losses and significant inconvenience.
The court, presided over by Justice Ibrahim Ahmad Kala, delivered the judgment on Monday, holding that the airline was liable for the losses suffered by the claimant following the aborted trip at the Murtala Muhammed International Airport, Lagos, on April 6, 2024.
Mrs Ezetah had approached the court seeking N100 million in general damages for negligence.
She alleged that despite purchasing a business-class ticket through Air Canada for a four-leg international journey between Lagos and Toronto, she was unjustifiably prevented from boarding Virgin Atlantic’s Lagos-London flight.
According to the claimant, she arrived at the airport on time, completed the check-in process successfully, and was issued a boarding pass for the Lagos-London leg of her trip.
However, she was later stopped at the boarding gate after airline officials reportedly claimed they could not link her ticket to the connecting Air Canada flight from London to Toronto.
She argued that Virgin Atlantic owed her a duty of care and should have resolved the issue directly with Air Canada or made alternative travel arrangements rather than denying her boarding.
Mrs Ezetah further informed the court that when she contacted Air Canada, the airline confirmed that her ticket was valid and that she was scheduled to board the connecting flight to Toronto.
In its defence, Virgin Atlantic denied liability, contending that it was not the issuing carrier for the ticket, which had been purchased directly from Air Canada under a code-share arrangement.
The airline argued that an error code within the reservation system prevented it from issuing a boarding pass for the connecting flight and maintained that it acted professionally by advising the passenger to contact the ticket issuer.
Virgin Atlantic also submitted that the claimant’s inability to complete online check-in before arriving at the airport suggested that there had been an existing issue with the ticket.
After reviewing the evidence and submissions of both parties and considering several legal authorities, Justice Kala held that the claimant had successfully established her case.
The court consequently awarded damages in the sum of $5,906.50 against Virgin Atlantic Airways.
Justice Kala further directed that the award be converted to naira using the prevailing exchange rate published by the Central Bank of Nigeria, adopting an official rate of N1,365.50 to one United States dollar. The award translates to approximately N8.08 million.
The court also ordered the airline to pay interest on the judgment sum at the rate of 10 per cent per annum until the debt is fully liquidated.
In addition, the judge awarded N5 million as costs against Virgin Atlantic, noting that the claimant was compelled to institute legal proceedings and incur expenses in the pursuit of her rights.
The combined award and costs amount to approximately N13.08 million.
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