He sued the Airways alongside his wife, Dr Tolulope
Olubowale Koko and two children Mr Adeleke Joshua Koko and Miss Temiloluwa
Elizabeth Koko.
In a statement of claim filed before a Federal High Court
sitting in Lagos South West Nigeria, by Abiodun Koko, for himself and other
plaintiffs, he averred that they are family of four travelling to United States
to celebrate the 50th birthday of his wife sometimes in May 2019.
The plaintiffs averred that in pursuance of their intention
to travel, secured personal tickets from the company of the defendant which was
to depart on 21st of May, 2019 and return on the 5th of June, 2019
respectively.
The statement said the Plaintiffs’ flight itinerary was
scheduled to start from Lagos to London and finally to arrive at Washington in
the United States, while return flight was scheduled to move from Washington to
London and finally arrive in Lagos.
However, the Plaintiffs, on the return flight departed
Washington Dulles Airport, United States with British Airways aircraft BA216 on
the 4th of June, 2019 at 6:30pm and got to London Heathrow airport in the
morning of 5th of June, 2019.
They said the flight itinerary took a dip for the worse at
this point and that they were further delayed for three hours as the flight was
originally meant to move to Lagos from London by 11:20am was further delayed
till 2:40pm.
As a result of the above stated facts, the plaintiffs said
they suffered untold hardship, which fostered their psychological breakdown.
The Plaintiffs averred further that the delay was as a
result of the total negligence by the defendant, and that in admission of their
negligence, the defendants distributed an insulting palliative of five pounds
refreshment voucher to appease the Plaintiffs, but that they never used the
voucher as they considered it to be insultive, besides the defendant never
apologised and was unconcerned about the plight of the passengers.
The Plaintiffs said they wrote letter to the defendant both
in Nigeria and United Kingdom and that the defendant in response to the letter
admitted to compensation in the sum of €1,200, but deliberately refused to pay
same.
Consequently, the Plaintiffs claim against the defendant are
as follows: Compensation in the sum of £2,120, compensation in the sum of
€1,200 admitted, the sum of £1,750 as special damages; General damages in the
sum of £10,000 against the defendant for its negligence acts and breach of
contract and the sum of N500,000 against the defendant as cost of this legal
action.
However, in a statement of defence filed before the court by
a Lagos lawyer Tayo Laleye, the British Airways stated that it investigated the
claim of the plaintiffs and found the delay to its flight service was caused by
unforeseen flight safety shortcomings, the defendant, nevertheless, and on
goodwill basis did offer the Plaintiffs compensation in the sum of €1,200.
It said the compensation was not an admission of guilty, but
purely on goodwill basis, while specific instruction were issued to the
plaintiffs on how to claim the compensation, but that no time frames were
specified for such payment.
The defendant denied all the reliefs sought by the
Plaintiffs and urge the court to dismiss the suit.
Meanwhile, the presiding Judge, Oluremi Oguntoyinbo has
adjourned the suit till 24th of April, 2021 for hearing.