Court Orders Dana Air to Pay Passenger N5.5m

Dana Airlines Limited must pay N5.5 million to a passenger over an 11-hour delay on a 2018 Abuja-Lagos flight, the Federal High Court in Lagos has ruled. Justice Yellim Bogoro ordered the airline to pay N5 million in general damages and N500,000 for solicitor's fees to Babajide Idowu.

Idowu sued Dana Air over Flight 9J-356, scheduled for July 5, 2018. He stated that the airline sent multiple emails about schedule changes but never explained the reason for the extensive delay. Idowu eventually arrived in Lagos around 11:10 pm. He later learned the delay was attributed to safety checks advised by the Nigerian Civil Aviation Authority (NCAA).

Justice Bogoro found that Dana Air breached its contract of carriage by failing to provide timely information about the delay's cause. The judge described the airline's explanation, provided only after Idowu sought compensation, as an "afterthought." Dana Air failed to prove it took all reasonable measures to avoid the delay's consequences.

However, the court declined Idowu's request for $4,150 in compensation under the Montreal Convention. Justice Bogoro ruled that since Idowu ultimately traveled on the delayed flight, he was not entitled to compensation under specific provisions of the Nigerian Civil Aviation Regulations. The court also dismissed Dana Air's N10 million counter-claim, which alleged the lawsuit caused negative publicity and financial hardship.

“

afterthought