Friday, May 13, 2022 12:28 pm
By Akin Kuponiyi
NBA Chairman Epe branch Ademola Koko alongside three others who sued British Airways over breach of contract had consensually agreed to an amicable settlement, in pursuance thereto, the two parties have irrevocably agreed to an out-of-court settlement upon the terms and conditions as follows:
Both parties to the Terms of Settlement have willingly entered this agreement after having understood the terms and conditions therein and sought independent counsel from disinterested persons in respect of the purports of the Terms of Settlement.
Under this instant Terms of Settlement, the Plaintiffs agree to discontinue his suit against the Defendant, and hereby withdraws all claims against the Defendant in respect of this suit, further relinquishing all such rights or claims sought to be enforced against the Defendant in this suit, subject to this Terms of Settlement.
The Plaintiffs hereby agree to accept, and the Defendant has agreed to pay The Sum of €1,200(One Thousand two Hundred Euros Only) to be paid in the naira equivalent, reconned as at the date of payment or issuance of the defendant’s cheque, as compensation in the resolution of the dispute.
The Plaintiffs hereby agree to accept, and the Defendant has agreed to pay The Sum of N500,000(Five Hundred Thousand Naira) only as of the cost of this action.
The chairman of the Nigerian Bar Association Epe branch, Barrister Ademola Abiodun Koko, alongside his wife Dr(Mrs) Tolulope Olubowale Koko and two children Mr Adeleke Joshua Koko, Miss Temiloluwa Elizabeth Koko slammed €15,000 suit on British Airways over an alleged breach of contract.
In a statement of claim filed before a Federal high court sitting in Lagos South-West Nigeria, by Barrister Abiodun Koko, for himself and other plaintiffs, he averred that they are a family of four travelling to the United States to celebrate the 50th birthday of his wife sometimes in May 2019
The plaintiffs aver that in pursuance of their intention to travel, secured personal tickets for each of the plaintiffs from the company of the defendant which was to depart on the 21st of May,2019 and return on the 5th of June,2019 respectively.
The plaintiff’s flight itinerary was scheduled to start from Lagos to London and finally arrive in Washington in the United States, while the return flight was scheduled to move from Washington to London and finally arrive in Lagos.
However, the Plaintiffs on commencing on the return flight departed Washington Dulles Airport, United States with British airways aircraft BA216 on the 4th of June,2019 at 6:30 PM and got to London Heathrow airport in the morning of 5th of June,2019.
The flight itinerary took a dip for the worse at this point and the Plaintiffs were further delayed for three hours as the Plaintiffs’ which was originally meant to move to Lagos from London by 11:20 am was further delayed till 2:40 pm.
As a result of the above-stated facts, the plaintiffs suffered untold hardship, which fostered their psychological breakdown of the Plaintiffs.
The Plaintiffs aver further that the delay was a result of the total negligence by the defendant, and an admission of their negligence the defendants distributed an insulting palliative of five pounds refreshment voucher to appease the Plaintiffs, but they never used the voucher as they consider it to be insulting, besides the defendant never apologized and was unconcerned about the plight of the passengers.
The Plaintiffs wrote a letter to the defendant both in Nigeria and United Kingdom.
The defendant in response to the letter admitted to compensation for €1,200, but deliberately refused to pay the same.
Consequently, the Plaintiffs claim against the defendant are as follows:
Compensation for £2,120
Compensation for €1,200 admitted,
The sum of £1,750 as special damages.
General damages for £10,000 against the defendant for its negligence acts and breach of contract
The sum of N500,000 against the defendant is the cost of this legal action.
However, in a statement of defence filed before the court by a Lagos Lawyer Tayo Laleye, the British Airways stated that it investigated the claim of the plaintiffs and though found the delay to its flight service was caused by unforeseen flight safety shortcomings, the defendant, nevertheless, and on goodwill, basis did offer the Plaintiffs compensation in the sum of€1,200, Euros, the compensation is not an admission of guilt, but purely on a goodwill basis, while specific instruction was issued to plaintiffs on how to claim the compensation, but no time frames were specified for such payment.
Whereof the defendant denies all the reliefs sought by the Plaintiffs and urges the court to dismiss the suit.