Miss Promise Mekwunye Vs Emirate Airlines (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

Seven (7) months before her travel date the Appellant, through Mr. Clement Dolor an officer/employee of the Respondent at the Respondent’s office in Victoria Island, Lagos, bought the Respondent’s airline return ticket (electronic) for $2,067 USD to enable her travel from Dallas – Houston – Dubai – Lagos and back. The ticket, through Clement Dolor, was confirmed more than three (3) times before the Appellant’s travel date on 17th December, 2007. The Appellant, a student of the North Texas University, Denton, Texas USA, came to the Dallas airport on the said 17th December, 2007 to commence her travel to Nigeria whereat she presented the flight ticket for issuance of boarding pass. She was denied boarding, and no reason was given to her; notwithstanding that her ticket, Exhibit PM.2, was three times confirmed with clear inscription thereon “17 Dec OK”. She was merely told that the ticket had been cancelled. She was previously, not communicated of this fact/development. The Respondent made no alternative travel plans for her. The Appellant, greatly embarrassed, was constrained to stay over

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without accommodation offered by the Respondent. She had also, through her father, to buy another electronic ticket from American Airlines on 18th December, 2007 for the sum of $3,200.00 to enable her travel on 19th December, 2007 through a longer route: Dallas – Forthworth – London Gatwick – Dubai – Lagos and back. The longer route took stressful 48 hours to complete.

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On these facts, the Appellant’s attorney wrote, on 4th January, 2008, Exhibit PM.5, wherein she demanded refund of moneys paid for the two tickets. The Appellant, at all material times, communicated the Respondent through their said desk officer/employee, Clement Dolor. The Appellant handed to the Respondent, through the said Clement Dolor, the tickets for refund. By 25th January, 2008 it came to the Appellant’s knowledge that Clement Dolor had left the services of the Respondent and was operating his personal travel agency, Simba Travel & Tours. The Respondent through the said Simba Travel and Tours, as it is apparent that Clement Dolor was dealing with the Respondent through the said Simba Travel and Tours, unilaterally paid the sum of $1,777.00 USD purporting to be

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the refund of their (Respondent’s) own ticket. It withheld the ticket of the American Airline and made no effort to refund the money paid to purchase that ticket. Appellant’s attorney rejected the sum of $1,777 USD alleged to be the refund of the Respondent’s own ticket. Clement Dolor, PW.2, on behalf of Simba Travel & Tours collected the sum of $1,777 USD from the Respondent. When the Appellant’s attorney rejected the said sum of $1,777 USD, he directed the PW.2 to return it to the Respondent. The Respondent also refused to take the said sum of money from the PW.2.

At the suit of the Appellant the Federal High Court, in its judgment delivered on 15th November, 2010, found that the Respondent’s “refusal to carry the (Appellant) from Dallas on the 17th December, 2007 amounts to a breach of contract of carriage with (her),” and that “No limitation to liability applies here”. Consequently, the trial Court ordered “the ticket refund to the (Appellant) should be in full without any deduction or charge,” and a “further grant of N2.5 million in general damages and N250,000.00 in legal costs” to the Appellant. Against these judgment and orders

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therein the Respondent lodged its appeal, as right, to the lower Court on seven (7) grounds of appeal.

Ground 4, out of the said 7 grounds of appeal at the lower Court is a complaint that “the learned trial Judge erred in law when he awarded N250,000.00 in legal fees when the Plaintiff claimed N1,000,000.00 but led no evidence”. The Respondent, as the appellant at the lower Court, raised issue 4 for the determination of the appeal by the lower Court from the said ground 4 of the grounds of appeal in the Notice of Appeal. The lower Court resolved the said issue 4 before it in favour of Respondent holding inter alia, at page 468 of the Record that –

The learned trial Judge consequently erred in granting the sum of N250,000.00 legal costs. Having arrived at the conclusion that the award is for legal costs and not costs simpliciter, leave of Court was unnecessary.

This is the basis of grounds 4 & 5 in the instant appeal before us. Issues 4 & 5 in this further appeal are

  1. Whether the sum of N250,000.00 awarded by the lower trial Court as costs for the suit amounts to special damages and thus requires that there must strict proof of same (Ground Four).

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