A Federal High Court sitting in Lagos, has ordered a fresh hearing in a case by Alhaji Yekeen Idowu against Kitoye Pamela Akinwale, representing KLM Royal Dutch Airlines, over an alleged breach of contract and willful misconduct during the plaintiff’s travel from Germany to Nigeria in 2018.
Trial judge, Justice Musa Kakaki ruled that the case would begin de novo (afresh) on April 1, 2025, following arguments by counsel regarding the continuation of cross-examination.
At the hearing, plaintiff’s counsel, Enitan Afolabi, argued that the matter, previously part-heard by Justice Awoboro, must restart under a new judge as mandated by Section 23 of the Federal High Court Act.
He expressed surprise that the defense counsel sought to continue from where the previous proceedings left off.
Defense counsel, Fidelis Okeke, opposed the motion for a fresh trial, urging the court to follow its records.
He accused the plaintiff’s legal team of causing repeated delays since 2020 and urged that the case proceed immediately to the defense stage.
Background of case
The lawsuit stems from an incident on July 3, 2018, when Alhaji Idowu flew on KLM Royal Dutch Airlines from Germany to Nigeria under reservation codes MOHSKI and V4P8K4 (KL).
The plaintiff alleges that his agreed itinerary, from Stuttgart, Germany, to Lagos, Nigeria, via Amsterdam, was arbitrarily changed by the airline. Instead, he was rerouted through Paris, France, and Casablanca, Morocco, causing significant delays.
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According to the plaintiff, his flight from Stuttgart to Paris was delayed by eight hours, for which KLM compensated him with €600.
However, upon reaching Paris, he was placed on an Air France flight and later abandoned in Casablanca for over 48 hours without access to proper accommodation, his family, or his business associates.
The plaintiff further alleges that he was subjected to harassment by Moroccan immigration authorities, prevented from contacting KLM representatives, and forced to stay in a deportee waiting room, alternating between sitting on a chair and sleeping on the bare floor.
Demands
Alhaji Idowu is seeking total damages of N45 million, plus additional costs, for the distress and financial losses he suffered, including:
€700 for the cost of securing an alternative flight from Casablanca to Lagos.
N1.2 million for loss of professional time, calculated at N50,000 per hour over 24 hours.
N45 million in general damages for negligence, willful misconduct, and financial losses.
The plaintiff’s counsel also argued that KLM ignored multiple legal demands, including letters sent in May and June 2019, further demonstrating the airline’s alleged indifference to its contractual obligations.
The case resumes on April 1, 2025, and the court is expected to hear witness testimonies from both sides, with each party presenting one witness. The outcome could have significant implications for airline liability and passenger rights under Nigerian aviation law.
