Awawu Olulu Otoakhia V. Aero Contractor Nigeria Limited (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of Hon. Justice J.O. Okeaya-Inneh of the Edo State High Court, Benin Judicial Division delivered on the 19th of May, 2010.

The facts giving rise to this appeal as can be garnered from the records are as follows:

The appellant as plaintiff at the Lower Court filed an action, by way of a writ of summons, dated the 23rd of July, 2008. The appellant, in her evidence before the Lower Court, narrated that she procured a return ticket No.LB 041681E for Benin – Lagos – Benin flight, from the defendants/respondents on the 7th of April, 2008.

On the 8th of April, 2008, she was to travel from the Lagos airport to Benin airport, but instead, the appellant was taken to Warri, contrary to the agreement contained in her ticket and boarding pass. Consequently, the appellant incurred costs and suffered damages, having missed all her engagements and appointments in Benin City on that day.

Wherefore she claims:

“i. N2,000,000 (Two Million Naira) being general damages for breach of contract on the 8th of April, 2008, from the defendant by taking the plaintiff to Warri as against the contractual obligation to take her to Benin City.

ii. N2,000,000 (Two Million Naira) being special damages for the shock, psychological trauma and hardship suffered by the plaintiff as a result of the delay and for not been able to meet up with her important appointments.

iii. N850,000 (Eight Hundred And Fifty Thousand Naira) as exemplary damages.

iv. N150,000 (One Hundred And Fifty Thousand Naira) as legal fee for this suit.

v. Any other cost(s) the court may deem fit to make in the circumstance.”

The respondent at the Lower Court filed a statement of defence dated the 5th of May, 2009, and nine months later, filed a motion on notice asking the court to strike out the suit for lack of jurisdiction.

The learned judge after taking arguments from both parties, ruled in favour of the respondents to the effect that the proper court to hear the suit is the Federal High Court, and struck out the suit for want of jurisdiction.

It is against this ruling of the court, that the appellant now appeals to this court by way of a notice of appeal dated the 1st of June, 2010, containing two grounds of appeal; seeking an order of this court setting aside the ruling/decision of the Lower Court delivered on the 19/5/2010, and remitting the suit back to the Edo State High Court to be determined on its merits by a different judge. The records in this appeal were transmitted to this court on the 31/8/2010. The application deeming the records as having been properly filed was orally taken and granted on the 6th of March, 2014.