NCAA v. FALAE & ORS

Judgment

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the decision of Federal High Court sitting in Lagos delivered by Hadiza Shagari J. on 28th March, 2018 granting the claims of the 1st – 4th Respondents as Plaintiffs against the 5th Respondent and Appellant as 1st and 2nd Defendants respectively. BRIEF STATEMENT OF FACT The case of the 1st – 4th Respondents as Plaintiffs at trial was that on 3rd October, 2013, one Mr.

Ayodeji Falae (deceased), (husband to the 1st Respondent and father to the 2nd – 4th Respondents) and some other Ondo State Government Officers boarded the 5th Respondent’s flight 361 chartered to lift the remains of late Olusegun Agagu to Akure, Ondo State. That about 09.32 hours, just about a minute after take-off from Murtala Mohammed Airport, Lagos, the aircraft crashed outside the aerodrome and killed the deceased.

In view of the above, the 1st – 4th Respondents instituted an action at the Federal High Court sitting in Lagos via a Writ of Summons and Statement of Claim dated 2nd October, 2014 against the 5th Respondent and Appellant as 1st and 2nd Defendants respectively seeking the following reliefs: i.)“A declaration that by its wrongful act, neglect or default, the First Defendant on 3 October, 2013 caused the death of the deceased when its flight 361 (at about 9.32 in the morning a minute after take-off and just outside of the aerodrome) crashed. ii.) A declaration that the first Defendant breached its statutory duties imposed by Section 55 of the Civil Aviation Act 2006 when its flight 361 (at about 9.32 in the morning a minute after take-off and just outside of the aerodrome) crashed and indeed caused the death of the deceased. iii.) A declaration that the 2nd Defendant breached its statutory duties imposed by Section 31 (f) of the Civil Aviation Act when the 1st Defendant’s flight 361 (at about 9.32 in the morning a minute after take-off and just outside of the aerodrome) crashed and indeed caused the death of the Deceased. iv.) A declaration that the 1st Defendant breached Section 74 of the Civil Aviation Act 2006 by its wrongful act or failure to procure a legally binding insurance policy covering its liabilities under the Act and also its liabilities towards compensation for damages that may be sustained by third party such as the Plaintiffs. v.) A declaration that the 1st Defendant having failed to procure a legally binding insurance policy pursuant to Section 77 of the Civil Aviation Act 2006, the 2nd Defendant has breached its duties under Section 31 (f) of the Civil Aviation Act 2006 to ensure efficiency and regularity of the Air navigation and the safety of aircraft, persons and property carried in aircraft and for preventing aircraft from endangering persons and property. vi.) A declaration that the 1st Defendant breached its common law duty of care when the Deceased died in the flight 361 which was in possession and control of the 1st Defendant. vii.) The sum of US$100,000 (One Hundred United State Dollars) from the 1st and 2nd Defendant jointly and/or severally as general damages for the breaches of their respective duties under common law and the Civil Aviation Act 2006. viii.) The sum of N219,906,250 as assessed in schedule A from the 1st and 2nd Defendants jointly and/or severally being the net income (less the Deceased’s living expenses, cash discount and general damages of $100,000) the Deceased would have made for 15 years as special damages for the breaches of their respective duties under common law, Civil Aviation Act 2006, Fatal Accident Act 1846 and Fatal Accident Law of Lagos State. ix.) IN THE ALTERNATIVE TO THE RELIEF IN PARAGRAPH 31(H) ABOVE, the sum of N108, 527,740 and $19,000 as assessed in Schedule B from the 1st and 2nd Defendants jointly and/or severally being cost of dependency by the Plaintiffs on the Deceased (less cash discount and general damages of $100,000) special damages for the breaches of their respective duties under common law, Civil Aviation Act 2006, Fatal Accident Act 1846 and Fatal Accident Law of Lagos State. x.) The sum of N5,000,000 being the cost to the Plaintiffs filing and prosecuting this claim and legal practitioner’s fees. xi.) The Plaintiffs claim post-judgment interest on the judgment sum which may be awarded at the rate of 10% per annum from the date of judgment until judgment sum is finally paid. ​In response, the 5th Respondent as 1st Defendant at trial filed its Statement of Defence dated 20th December, 2016 while the Appellant as 2nd Defendant filed its Statement of Defence dated 2nd March, 2016.