Justice Okon Abang of a Federal High Court in Lagos, on Wednesday heard a suit filed by a businessman, Mr Amaechi Onwumba, against Aero Contractors Airline over alleged negligence.
The plaintiff had filed the suit through his counsel, Mr John Duru, on October 17, 2012, claiming the sum of N13.7 million as general damages for injuries he sustained aboard the defendant’s airline.
The suit is coming up for the first time before Justice Abang, following the retirement of the initial trial Judge, Justice Barbara Molokwu.
When the case was mentioned on Wednesday, Duru urged the court to enter a default judgement in favour of his client, adding that the defendant had been indifferent to the suit, since it was instituted.
He told the court that since the filing of the suit in 2012, the defendant had yet to take steps in regularising its position.
According to him, it only entered appearance on November 15, one year after the plaintiff filed the suit.
Duru argued that in spite of the failure of the defendant to file its defence and enter appearance within time, they still failed to file their counter affidavit till date, or seek an extension of time to do so.
He also told the court that on September 20, he served a motion for summary judgment on the defence, but they have also failed to respond to same.
Duru, therefore, prayed the court to enter judgement in favour of the plaintiff, who he argued, had suffered severe hardship from the negligence of the defendant.
In a considered ruling, Justice Abang noted that since the case was coming up for the first time before his court, he would avail the defence an opportunity to present its own side of the case.
Abang adjourned the case till January 10, 2014, for hearing, and awarded a cost of N5,000 against the defence, represented by Mrs Yemi Oshikoya, for undue delay.
In the statement of claim, the plaintiff averred that he boarded the defendant’s airline on October 24, 2010, on a business trip from Port Harcourt to Lagos.
“As the plane approached the Murtala Mohammed airport, there was a loud piercing sound as if a violent rapture of its engine had occurred.
“In the course of landing, the aircraft shook vigorously and violently crashed to the ground, as a result of which I sustained several injuries’’ he said.
The plaintiff said the entire plane was engulfed in thick black smoke, adding that throughout the period of this tension, none of the cabin crew was seen, and no assistance came forth.
He said he eventually managed to struggle out of the ill-fated aircraft, with severe bruises on his body, while his ligaments were disjointed.
He is, therefore, claiming the sum of N13 million as general and exemplary damages for loss of his personal effects and cost of filing the suit.
The plaintiff also claims the sum of N655,700 as damages for hospital bills.
