Thursday, August 18, 2022

Alleged contract breach: Rep members, others file N5bn suit against Azman Air

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Some federal lawmakers and four other Nigerian citizens have filed a N5 billion suit against Azman Air Services Limited over alleged breach of contract.

The suit, marked: CV /2884/2021, was filed before a High Court of the Federal Capital Territory, FCT, Abuja.

In a suit, the claimant narrated how the negligent act of the airline kept them at the Kano Airport from Sept. 22 to Sept. 23 in clear breach of the fundamental term of the carriage by air agreement they had with the air company, which was to convey them to Abuja from Kano on Sept. 22 by 12: 30pm.

The originating summons, dated Nov. 1, was filed by their counsel, Nkemakolam Okoro.

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The lawmakers, who are members of House of Representatives are Reps. Agunsoye Rotimi; Benjamin Kalu; Ikengbo Dele Gboluga; Bala Kokani and Eke Dede.

The rest of the claimants are Rijau Shehu Saleh; DR. Henry Archibong; Kabo Abdullahi Alhassan and Ahmed Mariya Bashir.

They contended that the actions of the airline subjected them to psychological and emotional truama, public embarrassment and loss of legislative hour.

They are seeking an order of court, directing the defendant to pay the sum of N5 bn as general damages.

They are equally pressing for an order of court directing the defendant to publish a written public apology on three national dailies, namely; The Sun Newspaper, Thisday and the Guardian, for the public embarrassment caused to them.

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They are urging the court to make a declaration that “there exists a contract of carriage by air, between the claimants and the defendant given the flight tickets purchased by the claimants for Azman Air Flight ZQ2332, which was to convey the claimants from Kano to Abuja, on the 22nd day of September 2021 at 12:30 pm, for which the Defendant is under a strict legal and moral obligation to perform.

“A declaration that the defendant breached the fundamental term of the carriage by air agreement between it and the Claimant by its failure to convey the Claimants from Kano to Abuja, on Sept. 22, in accordance with the terms of the carriage by air agreement,” among others.

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