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‘Breach of contract’ — reps sue Azman Air over delayed flight

‘Breach of contract’ — reps sue Azman Air over delayed flight
November 02
22:33 2021

Some members of the house of representatives and four other persons have instituted a N5 billion suit against Azman Air Services Limited over alleged breach of contract. 

TheCable had reported how the lawmakers and other passengers were stranded at the Aminu Kano international airport in Kano state on September 22 on their way to Abuja.

The flight was reportedly delayed from 12:30pm till 2:30pm, then till 6pm, and again till 9:45pm.

The lawmakers eventually said they were told that they would leave by 12:15am on September 23.

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In the suit dated November 1 and marked CV/2884/2021, filed before a federal high court in Abuja by Nkemakolam Okoro, their counsel, the claimants said the negligence of Azman airline subjected them to “psychological and emotional truama, public embarrassment” and loss of legislative hour.

The lawmakers are Agunsoye Rotimi, Benjamin Kalu, Ikengbo Dele Gboluga, Bala Kokani and Eke Dede.

The other claimants are Rijau Shehu Saleh, Henry Archibong, Kabo Abdullahi Alhassan and Ahmed Mariya Bashir.

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

The claimants also asked the court to order the defendant to publish a written public apology on three national dailies —  The Sun newspaper, ThisDay and The Guardian.

They are asking the court to declare 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”.

They are also seeking “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”.

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