Francis Oluwatosin, Lagos
National News – A Federal High Court in Lagos has ordered Virgin Atlantic Airways Limited to pay more than N13 million in damages and costs to a passenger, Mrs. Joy Ezetah, after the airline denied her boarding on a scheduled Lagos-London flight, leading to the disruption of her onward journey to Canada.
Justice Ibrahim Kala, who delivered the judgment on Monday, held that the airline was liable for the losses suffered by Ezetah following the incident at the Murtala Muhammed International Airport on April 6, 2024.
The claimant had sued the airline, seeking N100 million in general damages. She told the court that she purchased a business-class ticket through Air Canada for a four-leg trip between Lagos and Toronto but was prevented from boarding the Virgin Atlantic flight despite completing check-in and receiving a boarding pass.
According to Ezetah, airline officials later informed her that they could not link her ticket to the connecting Air Canada flight from London to Toronto, leading to her denial of boarding.
She argued that Virgin Atlantic owed her a duty of care and should have resolved the issue with Air Canada or provided alternative arrangements rather than refusing her access to the flight. She further stated that Air Canada subsequently confirmed the validity of her ticket and her expected presence on the connecting flight.
Virgin Atlantic denied responsibility, maintaining that it was not the issuing carrier and that the ticket had been purchased directly from Air Canada under a codeshare agreement. The airline also cited an error code in its reservation system, which it said prevented the issuance of a boarding pass for the connecting flight.
The carrier further argued that Ezetah’s inability to complete online check-in before arriving at the airport indicated an existing problem with the ticket.
However, after reviewing the evidence and legal submissions from both parties, Justice Kala ruled in favour of the claimant, holding that her case had merit.
The court awarded Ezetah damages of $5,906.50, to be paid at the prevailing Central Bank of Nigeria exchange rate. Using the official rate of N1,365.50 to the dollar, the award amounts to approximately N8.07 million.
The judge also ordered Virgin Atlantic to pay interest at 10 per cent per annum on the judgment sum until full payment is made. In addition, the court awarded N5 million in litigation costs against the airline, bringing the total financial liability to over N13 million, excluding accruing interest.
The ruling underscores the responsibility of airlines to adequately protect passenger rights and manage travel disruptions, particularly in cases involving international codeshare arrangements.
