21st April, 2011
A staff of the University Teaching Hospital (UCH),Â Ibadan, Mrs. Edith Olufunmilayo Adelegan, has renewed her six-year old N50 million legal battle against Virgin Atlantic Airways Limited.
Joined as co-defendants are two agents of the airline, Mr. Taiwo Adenekan and Pateto Travels Limited.
In an amended statement of claim filed before the court by Barrister Alabi Yinka, it was alleged that sometimes in October 2004, when the plaintiff was on her annual vacation, she bought a round-trip air travel ticket for Lagos-London-Lagos from the defendants, while her departure date was 11 October, 2004 and arrival being Sunday 7 November, 2004.
The plaintiff promptly reported to the check-in counter with her ticket and her passport on the day of departure.
However, in breach of the defendantsâ€™ agreement, the airline refused to carry the plaintiff, claiming that there was a discrepancy in her name as it appeared in her passport against what was in the ticket issued to her.
However, the plaintiffâ€™s passport number was correctly entered on the ticket and because of this alleged discrepancies, she was unable to travel, consequent upon which she was embarrassed and extremely humiliated by the defendants and their agents.
Thereafter, the plaintiff complained to agents of Virgin Atlantic, Taiwo Adenekan and Patelo Travels Limited who were equallyÂ embarrassed and admitted their negligence, insisting on collectingÂ $150 from her as â€œno show feeâ€ for inability to travel as scheduled, although this was later waived.
In view of negligence, the plaintiff is claiming against the defendants N20 million being damages she suffered as a result of her inability to board their aircraft in breach of the contract of air carriage; N93,670 being the cost of emergency hotel accommodation; N15 million being damages suffered by the plaintiff when the defendants, without any reason, refused to carry her; N15 million being damages for negligence in inserting a wrong name on the ticket sold to her for the outward and inward journeys.