Court orders Virgin Atlantic to pay N8m for missed flight

A Federal High Court in Lagos has ordered Virgin Atlantic Airways Limited to pay $5,906.50 in damages to a passenger, Mrs. Joy Ezetah, who was denied boarding for a scheduled Lagos-London flight. The incident disrupted her connecting trip to Canada and resulted in financial losses.

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The airline was liable for the losses suffered by the claimant after she was denied boarding at the Murtala Muhammed International Airport on 6 April 2024.

Justice Ibrahim Kala, in a judgment delivered on Monday, ruled that the airline was responsible for the losses incurred by the claimant. Mrs. Ezetah had purchased a business-class ticket through Air Canada for a multi-leg journey from Lagos to Toronto. Despite arriving early, completing check-in, and receiving a boarding pass for the Virgin Atlantic flight, she was prevented from boarding at Murtala Muhammed International Airport on April 6, 2024.

Airline officials cited an inability to connect her ticket to her Air Canada connecting flight from London to Toronto as the reason for denial. Mrs. Ezetah argued that the airline had a duty of care and should have resolved the issue with Air Canada or made alternative arrangements. She stated that Air Canada later confirmed her ticket was valid.

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She told the court that she arrived early, completed check-in, and was issued a boarding pass for the Lagos-London leg. According to her, airline officials later prevented her from boarding, stating they could not connect her ticket to her Air Canada connecting flight from London to Toronto.

Virgin Atlantic denied liability, asserting it was not the issuing carrier and that the ticket was purchased under a codeshare arrangement with Air Canada. The airline claimed a reservation system error prevented them from issuing a boarding pass and that they professionally advised the passenger to contact the ticket issuer. They also suggested that her failure to complete online check-in indicated a pre-existing ticket problem.

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Virgin Atlantic, however, denied liability. It said it was “not the issuing carrier” and insisted that the ticket had been purchased directly from Air Canada under a codeshare arrangement.

After reviewing the evidence, Justice Kala found merit in Mrs. Ezetah's case. The court awarded $5,906.50 in damages, to be paid at the prevailing exchange rate, which translates to approximately N8.07 million based on the Central Bank of Nigeria's rate. The airline was also ordered to pay 10% annual interest on the judgment sum until full payment and an additional N5 million in legal costs.

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The court awarded $5,906.50 in damages against Virgin Atlantic and ordered that the sum be paid using the prevailing exchange rate published by the Central Bank of Nigeria.