A Federal High Court in Lagos has ordered Virgin Atlantic Airways Limited to pay a total sum of N13.08 million as damages to a passenger, Mrs. Joy Nneka Ezetah, for preventing her from boarding a scheduled flight from Lagos to London, an incident that disrupted her onward journey to Canada and caused her financial loss and considerable inconvenience.
Justice Ibrahim Ahmad Kala made the award on Tuesday while delivering judgment in a suit filed by the passenger against the airline.
The court held that Virgin Atlantic 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 trip between Lagos and Toronto, she was denied boarding on Virgin Atlantic’s Lagos-London flight without any valid justification.
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According to the claimant, she arrived at the airport early, successfully completed the check-in process and was issued a boarding pass for the Lagos-London leg of the journey. She, however, stated that she was later stopped at the boarding gate after airline officials 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 ought to have resolved the issue with Air Canada or made alternative arrangements rather than denying her boarding. She further stated that when she eventually contacted Air Canada, the carrier confirmed that her ticket was valid and that she was expected on the connecting flight.
In its defence, Virgin Atlantic denied liability, maintaining that it was not the issuing carrier and that the ticket had been purchased directly from Air Canada under a code-share arrangement.
The airline contended that an error code in the reservation system prevented it from issuing a boarding pass for the connecting flight and that it acted professionally by advising the claimant to contact the ticket issuer.
Virgin Atlantic further argued that the claimant’s inability to complete online check-in before arriving at the airport suggested that there was already an issue with the ticket before the scheduled departure.
In his judgment, Justice Kala reviewed the evidence and submissions presented by both parties and cited several legal authorities in support of his findings. The court held that the claimant had successfully established her case and was entitled to relief.
Consequently, the judge awarded damages against Virgin Atlantic in the sum of $5,906.50.
The court further directed that the damages be paid using the prevailing exchange rate published by the Central Bank of Nigeria and adopted the highest official rate of N1,365.50 to one United States dollar. The award translates to approximately N8.07 million.
Justice Kala also ordered that the judgment sum shall attract interest at the rate of 10 per cent per annum until the debt is fully liquidated.
In addition, the court awarded N5 million as costs against the airline, noting that the claimant was compelled to institute legal proceedings and incur expenses in enforcing her rights.
