The French mega carrier, Air France has been indicted by the Court of Appeal,
sitting at Lagos Division, for “gross negligence of the duty of care” to a
Nigerian passenger, Mrs Brenda Akpan, who is the plaintiff in the case brought
against the airline, after the passenger suffered severe injuries while on board
the airline’s aircraft from Lagos to Paris.
While on board Air France to Hong Kong via Paris in 1997, and while she was
fast asleep, an object fell on her from the luggage compartment of the aircraft
which caused her serious bodily harm.
On the strength of this evidence, she proceeded to the high court to lay her
complaint and to persuade the court to award her damages for negligence.
The appellant disagreed with the respondent in its defence, arguing that the
injuries suffered by her were not as a result of the airline’s negligence but
caused by a fallen object. But the high court rejected this argument and ruled
in favour of the respondent.
On appeal, the three members of the appellate panel: Justices Uzo I.
Ndukwe-Anyanwu, Tijani Abubakar and Yargata Byenchit Nimpa, in a unanimous
decision, dismissed the appeal brought by Air France and affirmed the judgment
of the lower court in favour of Akpan. The lower court had earlier found the
airline liable and awarded damages to Akpan. The damages include N130,000 plus
the naira equivalent of 430 French francs as special damages, $20,000 as general
damages, and interest on the judgment sums herein at the rate of six per cent
per annum until the liquidation of the judgment sum.
Culled from Leadership
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