A Federal High Court in Lagos has ordered Virgin Atlantic Airways to pay more than N13 million in damages and costs to a passenger, Mrs. Joy Nneka Ezetah, after ruling that the airline wrongfully denied her boarding on a Lagos-London flight, disrupting her onward journey to Canada and causing financial losses and considerable inconvenience.
Justice Ibrahim Ahmad Kala delivered the judgment, holding the airline liable for the consequences of the aborted trip at the Murtala Muhammed International Airport, Lagos, on April 6, 2024.
Mrs. Ezetah had instituted legal action against the airline, seeking N100 million in general damages for negligence. She told the court that she purchased a business-class ticket through Air Canada for a four-leg trip between Lagos and Toronto and had successfully completed check-in for the Lagos-London segment before being prevented from boarding.
According to the claimant, airline officials stopped her at the boarding gate after stating that they were unable to link her booking to the connecting Air Canada flight from London to Toronto. She maintained that Virgin Atlantic had a duty to resolve the issue directly with its code-share partner or provide alternative travel arrangements rather than deny her passage.
The claimant further stated that when she contacted Air Canada, the carrier confirmed that her ticket remained valid and that she was expected on the connecting flight.
Virgin Atlantic, however, denied responsibility, arguing that it was not the issuing carrier and that the ticket had been purchased through Air Canada under a code-share arrangement. The airline maintained that an error within the reservation system prevented the issuance of a boarding pass for the connecting flight and contended that it acted appropriately by directing the passenger to contact the ticket issuer.
The airline also argued that the claimant’s inability to complete online check-in before arriving at the airport suggested an existing problem with the booking.
After reviewing the evidence and submissions from both parties, Justice Kala ruled in favour of the claimant and awarded damages of $5,906.50 against Virgin Atlantic.
The court ordered that the sum be converted to naira using the prevailing Central Bank of Nigeria exchange rate adopted at N1,365.50 to the dollar, bringing the damages award to approximately N8.08 million.
The judge further directed that the judgment sum attract interest at the rate of 10 per cent per annum until full payment is made.
In addition, the court awarded N5 million in costs against the airline, noting that the claimant had been compelled to pursue legal action to enforce her rights.
The total financial liability arising from the judgment amounts to approximately N13.08 million, excluding accruing interest.
