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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 a 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.

In his writ of summon seen by Naijaonpoint,  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 the 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 compensations in the event of flight cancellation, reimbursement of the money paid for the ticket but the defendant has allegedly failed on its obligations which caused severe damages and untold difficulty on the plaintiff.

“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 United States including the US Secretary of States were in attendance, it would be so bad and absurd for 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 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 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 Airline’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.

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 traveller 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 NAIJAONPOINT ’ testimony, Justice Omotosho adjourned to 28 May, 2024 for the airline to open its defense.

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