A Federal High Court, 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, over its failure to allow her board a scheduled international flight from Lagos to London, the act that disrupted her onward journey to Canada and caused significant inconvenience and financial loss.
Justice Ibrahim Ahmad Kala, awarded the damages against the airline today, while delivering judgment in the suit filed by the passenger.
In awarding the damages, Justice Kala held that the airline was liable for the losses suffered by the claimant following the aborted trip at the Murtala Muhammed International Airport on April 6, 2024.
Mrs. Ezetah had approached the court seeking N100 million in general damages for negligence, alleging that despite purchasing a business-class ticket through Air Canada for a four-leg journey from Lagos to Toronto and back, she was prevented from boarding Virgin Atlantic’s Lagos-London flight without justification.
The Claimant had claimed that she arrived at the airport early, was successfully checked in, and received a boarding pass for the Lagos-London leg of the trip. But 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 the airline owed her a duty of care and should have resolved the issue with Air Canada or made alternative arrangements rather than denying her boarding. Adding that when she eventually contacted Air Canada, which confirmed that her ticket was valid and that she was expected on the connecting flight.
In denying the allegations, Virgin Atlantic maintained 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 also argued 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 passenger to contact the ticket issuer.
The airline further contended that the claimant’s inability to complete online check-in before arriving at the airport indicated an existing problem with the ticket.
Delivering judgment in the suit, Justice Kala after reviewing the evidence and submissions of both parties and cited plethora of legal authorities, held that the claimant’s application has merit.
The judge consequently awarded damages against Virgin Atlantic Airways in the sum of $5, 906.50 USD.
The judge also ruled that the damages must be paid on prevailing exchange rates published by the Central Bank of Nigeria and adopted the highest official rate of N1,365.50 to one United States dollar. This translates to approximately N8.07 million in damages.
The court further ordered Virgin Atlantic to pay interest on the judgment sum at the rate of 10 per cent per annum until full liquidation of the debt.
In addition, Justice Kala awarded N5 million as costs against the airline, noting that the claimant had been compelled to institute legal proceedings and incur expenses in pursuit of her rights.
