Kalu, 8 other Reps members sue Azman Air over flight delay, demand N5b damages
Kalu, 8 other Reps members sue Azman Air over flight delay, demand N5b damages

Nine passengers, who are members of the National House of Representatives, has dragged Azman Air Services Limited, before High Court Of Federal Capital Territory, Abuja over several delays of their flight schedules without notification.

The Plaintiffs; Alh Rijau Shehu Saleh, Hon Agunsoye Rotimi, Hon Benjamin Kalu, Dr Henry Archibong, Kabo Abdullahi Alhassan, Ahmed Mariya Bashir, Hon Ikengboju Dele Gboluga, Hon Bala Kokani, Hon Eke Bede, prayed the court to direct the Azman Air Services Limited to pay them the sum of five(5) Billion Naira, as general damages, for causing “irremediable inconvenience, psychological and emotional trauma, public humiliation, loss of legislative time, cancellation of public and other private engagements, loss of business opportunities, loss of monies, and undue exposure to the new Delta Variant of Covid 19, occasioned by the actions and inactions of the defendant.

In a writ of summon with the Suit No: CU/2884/2021, served by their counsel, Nkem Okoro, dated 27th Oct., the plaintiffs also prayed to the court to order Azman Air Services Limited, to pay the sum of N75M as the cost of this suit.

The in the writ of summon, obtained by ASKLEGALPALACE, the complainants also asked the court to direct the defendant (Azman Air Services Limited), to publish a written apology to the Claimants for the public embarrassment caused to the Claimants, on three National Dailies, namely; Thisday News Papers, The Sun News Papers and The Guardian.

The Plaintiffs sought the following: A DECLARATION that there exists a contract of carriage by air, between the Claimants and the Defendant given the flight tickets purchased by the Claimants for Azman Air Flight ZQ2332, which was to convey the Claimants from Kano to Abuja, on the 22nd day of September 2021 at 12:30 pm, for which the Defendant is under a legal and moral obligation to perform.

A DECLARATION that the Defendant willfully misconducted itself, by not keeping to the time of the contract, as contained in the flight schedule at 12:30 pm, by shifting the said flight, from 12:30 pm, to 2.30 pm when the Claimants eventually checked in, to 9.45 pm and finally to 12:15 am, in the morning of the next day, when the Claimants were finally airlifted from Kano to Abuja, thereby subjecting the Claimants to psychological and emotional trauma, public embarrassment, loss of legislative time, cancellation of public and other private engagements, loss of business opportunities and loss of monies.

A DECLARATION that the Defendant was in breach of the fundamental term of the carriage by air agreement between it and the Claimant by its failure to convey the Claimants from Kano to Abuja, on the 22nd day of September 2021, in accordance with the terms of the carriage by air agreement.

A DECLARATION that consequent upon the breach of the contractual obligations of the Defendant, to the Claimants, the Claimants have suffered psychological and emotional trauma, public humiliation, loss of legislative time, cancellation of public and other private engagements, loss of business opportunities, loss of monies, and undue exposure to the new Delta Variant of Covid 19, given their long stay in the overcrowded VIP lounge of the airport in Kano.

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