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Falae’s widow gets justice against Associated Airline

Published

9 years ago

March 29, 2018

The Federal High Court in Lagos has ordered the Associated Aviation Nigeria Limited to pay the sum of N246m as compensation for the death of a former commissioner for culture and tourism in Ondo.

Deji Falae was killed alongside others on October 3, 2013, when an aircraft belonging to the company crashed shorthly after lift off at the Muritala Muhammed Airport, Lagos.

The aircraft was carrying the remains of a former governor of the state, Olusegun Agagu, from Lagos to Ondo for burial.

Falae’s widow Ese and three children sued the airline for its negligence that resulted in the death of her husband.

They urged the court to declare that Associated Aviation Nigeria Limited and the Nigeria Civil Aviation Authority failed in their obligation of ensuring the safety of the passengers aboard the Flight 361.

They also sought $100,000 as general damages as well as another N219,906,250 “which the deceased would have earned in 15 years as a lawyer, a commissioner and owner of a construction firm if he was still alive.

Alternatively, they prayed the court to order the defendants to pay them N108,527,750, £160,740 and $19,000 as special damages for alleged breaches of the defendants’ respective duties under the Civil Aviation Act 2006, Fatal Accident Act 1846 and Fatal Accident Law of Lagos State.

They also want the court to order the defendants to bear the cost of filing the lawsuit, which they put at N5m.

In a judgment on Wednesday, Justice Hadizat Shagari held that the airline and the NCAA could not exonerate themselves from Falae’s death.

“From the evidence of the principal witness, Ese Falae, the window, the fact of the case speaks for itself,” she said.

“In my view, the plaintiffs succeed in their claims against the defendants. Judgment is hereby entered in their favour as per their claims.”