Fresh Crisis: Ethiopia Airline in N1Billion Lawsuit over Cancellation of Boarding Pass

A family of deceased Indian staff of PRIMEPAK INDUSTRIES NIGERIA LIMITED ,Mr,YOGENDRA CHANDRA VADRAN RATHOD and five others whose boarding pass were alleged to have been cancelled despite meeting all the international travel standard requirement have slammed N1,199,991,947 on Ethiopia Airline.

    The plaintiffs comprises of,a limited liability company,Primepak Industries Nigeria limited,the spouse of the deceased Mrs VibhabenYogendra RATHOD,his daughter Miss Rhythm Yogendra  Rathod, accompanying Medical Doctor,Dr. Joy Jobin,travel companion of the Doctor Mr Vipul Kumar Rathod,and patient assistance accompanying the deceased.

       According to the suit filed before a Federal high court in Lagos on behalf of the Plaintiffs by a Senior Advocate of Nigeria Barrister Samuel Agweh

      The Plaintiffs aver that on March 5,2023,due to the failing health condition and discomfort ,late Yongendra Chadra Vandra Rathod visited his Doctor at Jajo Hospital Ikeja,Lagos and upon examination by one Doctor Vincent,Late Yongendra was referred to Lagoon Hospital Victoria island where he was admitted and was under the care of Dr.Joy Robin.

       The Plaintiffs aver further that on the night of March 7,2023 the Doctors at Lagoon Hospital,resolved that Chadravandra Rathod require more specialized attention and better Treatment thus should be evacuated to a Hospital either in United Kingdom,South Africa or India.

    In total compliance with the advice of the Doctors at Lagoon Hospital, and being a citizen of India Late Mr. Yongendra Chadravandra Rathod choose India for better treatment and to be close to his extended family.

 The Plaintiffs further aver that sequel to the above, the Plaintiffs sought to travel by the Ethiopian Airline and in compliance with the Defendant’s travel policy for passengers with medical condition, Late Mr. Yongendra Chadravandra Rathod was subjected to medical examination by the Airline’s designated Doctor at Dr. Charles Hammond’s Clinic.

   The sum of N20,000.00(Twenty Thousand Naira) was paid to Dr. Charles Hammond’s Clinic for the medical examination as required by the Airline. Late Mr. Yongendra Chadravandra Rathod was attended to by one Dr.Hassan who went through the report of Late Mr.Yongendra Chadravandra Rathod from Lagoon Hospital and conducted more examinations on him and upon completion,certified him fit-to-fly to India

     The Plaintiffs further avers that having completed the requirement of the Defendant,the Primepak Industries Nigeria Limited purchased 6 Air tickets for Yongendra Chadravandra Rathod and the remaining  Plaintiffs at the cost of N14,022,000.00 (Fourteen Million, Twenty-Two Thousand Naira); 

       On March 11,2023,the day of the scheduled departure of late Yongendra Chadravandra Rathod and other travellers from Lagos to Mumbai,they were received by Ethiopian Airlines staff,verified the medical reports arranged a wheel chair for Mr.Yongendra and escorted the  travellers to the check in counter.

     Sequel to the above Late Mr. Yongendra Chadravandra Rathod and  other plaintiffs were checked in, checked-in their luggage, issued with their respective boarding pass,clear with immigration and all security checks before being ushered by the Airlines’ Staff to the lounge area for boarding at 12.35pm.

      At about 1pm when announcement for boarding of the scheduled flight was called and Late Mr. Yongendra Chadravandra Rathod was about to be wheeled into the aircraft the station for boarding Manager of the airline stopped Late Mr. Yongendra Chadravandra Rathod and  other Plaintiffs in thier tracks and prevented them from boarding the flight.

    He thereafter informed late

Mr.Yongendra Chadravandra Rathod and other Plaintiffs of the Airline’s decision denying and refusing late Yongehdra despite issuance of certificate of fit-to-fly issued by Dr. Hassan of Dr. Charles Hammond’s Clinic, the Defendant designated Doctor

 Despite several pleas to the Defendant, the Defendant persisted and refused to allow Late Mr. Yongendra Chadravandra Rathod and other Plaintiffs to board it’s Airplane from Lagos to Mumbai on the said date which action frustrated previous arraignments of Late Mr. Yongendra Chadravandra Rathod; an ambulance to transport him to Hospital, Mumbai, India at a cost of 12,000lnr (Twelve Thousand Rupees) and a delayed commencement of treatment which Late Mr. Yongendra Chadravandra Rathod was scheduled to start at 8.am on March 12, 2023.

     As a result of the Defendant’s denial/refusal to fly, Late Mr.Yongendra Chadravandra Rathod, the Plaintiffs incurred additional cost of N1,002,947.00(One Million Two Thousand Nine Hundred and Forty-Seven Naira) as Late Mr. Yongendra Chadravandra Rathod was re-admitted to Lagoon Hospital, Victoria Island, Lagos pending when alternative arrangement were made to fly him to Mumbai, India.

     As a result of the Medical Report on Late Mr.Yongendra Chadravandra Rathod from Lagoon Hospital that Late Mr. Yongendra Chadravandra Rathod had a 48 to 60 hours window of opportunity for flying from Lagos to Mumbai, of which 30hours were lost with scheduling the botched departure via the Defendant’s Airlines, the Plaintiffs had to make alternative arrangement to fly Late Mr. Yongendra Chadravandra Rathod and other Plaintiffs via Emergency Air Ambulance from Lagos to Mumbai on March 13, 2023 at a cost of N164,967,500.00 (One Hundred and Sixty-Four Million, Nine Hundred and Sixty-Seven Thousand, Five Hundred Naira).

      The Plaintiffs aver that they engaged the services of Messrs Samuel N. Agweh &Assoclates via letter dated April 18, 2023 to recover the total sum of N1,180,012,447.00(One Billion,One Hundred and Elghty Million, Twelve Thousand, Four Hundred and Forty-Seven Nalra) from the Defendant being the cost of the procurement of fit to fly certificate, Six Tickets, Emergency Air Ambulance. 

      That Mesers, Samuel N. Agweh & Associates on behalf of the Plaintiffs wrote a  Demand Letter to the defendant for the immediate payment  owed to the Plaintiffs by the Defendant but the Defendant is still unyielding to the Plaintiffs’ request .

The Plaintiffs aver that the Defendant did not reply neither did it comply with the demand for the payment 

      The plaintiffs aver that Ethiopia Airline has no defence to this suit.

     Consequently,the plaintiffs claims against the defendant are as follows

An Order of the Court for the payment of the sum of N164,967,500.00  being the cost of Emergency Air Ambulance which the Plaintiffs incurred for the 6(Six) intending passengers on the Defendant’s flight from Lagos to Mumbai.

  An Order of the Court for the payment of the sum of 300 million being damages suffered for the deterioration in health of Late Mr. Yongendra Chadravandra Rathod  as a result of Defendant’s cancellation of Boarding pass on its flight  despite meeting  all the international travel

standard requirements

 An Order of the Court for the payment of the sum of N200million being the damages for the delay in the commencement in treatment of Late Mr.Yongendra Chadravandra Rathod.

     An Order of the Court for the payment of the sum of N500million for the physical trauma suffered by the 5 intending passengers,and the cost of this legal action.