By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos has awarded the sum of N1 million against the Ethiopian Airline (defendant ) in favour of one of its passengers, Engr. Femi Alao (plaintiff ) as damages for the embarrassment, untold hardship, humiliation and mental stress he suffered for being abruptly told by the defendant to pay sum of N258,342.00 on the day he was to travel.
Also, sum of N100,000 costs was awarded against the Ethiopian Airline in favour of the plaintiff Engr.Femi Alao.
Besides, the court awarded to the Plaintiff 10 percent interest per annum as post judgement interest.
These awards were ordered to be paid by Justice Chukwujekwu Aneke in his judgement on Suit No FHC/L/CS/1569/2018 filed by Engr, Femi Alao against the Ethiopian Airline.
The Plaintiff had filed the suit by a writ of summons dated September 25, 2018. He also filed on the same day a statement of claim dated September 24, 2018 and other processes as required by the rules of the court.
In his claims against the Ethiopian Airline, the plaintiff prayed for ” An order mandating the defendant to refund to him (plaintiff) the sum of N258, 342.00 being the additional fee which the defendant demanded and imposed on the plaintiff to pay on the day he was scheduled to travel without prior notice, thereby causing him great embarrassment and humiliation.
” Interest on the said sum of N258,342.00 at the rate of 21 percent per annum from the 25th day of June 2017 until judgement is given and until liquidation of the judgement sum.
“An award of the sum of N10,000,000 as exemplary and general damages for subjecting the plaintiff to embarrassment, untold hardship, humiliation and mental stress.
“An award of the sum of N1,000, 000 assessed as the cost of the action.”
The Ethiopian Airline filed it’s statement of defence dated and filed same day, February 5, 2019.
In the judgement, the presiding judge summarized the processes filed and submissions of the parties.
Dwelling on the issue of jurisdiction raised by the parties and having cited plethora of cases, the judge held that the court has the jurisdiction to decide the instant suit.
On issue 2 framed by the defendant on plaintiff’s additional statement on Oath, the court held that the additional statement of oath made by the plaintiff is admissible in evidence.
“After all, it was tendered during the trial and the defendant did not raise any objection.” the judge noted.
On issues 3 and 5, the judge said ” This court is of the opinion that on the facts and circumstances of this case, the defendant committed wilful misconduct when it was notified that the plaintif has changed his travel date and the defendant changed the travel date without notifying the plaintiff that he has to pay additional fees knowing fully well that it tends to charge the plaintiff additional fees “.
In concluding the judgement, Justice Aneke held as follows:
“On the plaintiff claim of No 1 and 2, this court will not award to plaintiff the sum claimed because it is part of the Plaintiff’s fares
“On issue No 3, this court will award to the plaintiff the sum of N1 million as damages for the embarrassment, untold hardship, humiliation and mental stress which the plaintiff had to undergo for being told to pay the sum of N 258, 342.00 on the day he was to travel.
“This court also awards to the plaintiff 10 percent interest per annum as post judgement interest.
“N100,000. costs is awarded in favour of the plaintiff to be paid by the defendant.
“All other claims of the plaintiff are hereby discussed.
“This is the judgement of this court”
