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IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION


HOLDEN AT IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES................................................................................CLAIMANT
AND
SWEET & SMART AIRLINES LTD.......................................................DEFENDANT
TO: SWEET & SMART AIRLINE OF NO. 42, ALAUSA WAY AGINDIGBI,
LAGOS. IN THE IKEJA LOCAL GOVERNEMNT, LAGOS, NIGERIA
WRIT OF SUMMONS
You are hereby commanded that within forty-two (42) days after the service of this
Writ on you, inclusive of the day of such service you do cause an appearance to be
entered for you in an action at the suit of Mr. Jacob and take notice that in default of
your so doing the Claimant may proceed therein, and judgment may be given in your
absence.
DATED this.............day of ....................................20........

Registrar
N.B: This Writ is to be served within six (6) months from the date thereof, or, if
renewed, within three (3) months from the date of the last renewal, including the day
of such date, and not afterwards.
The Defendant may enter appearance personally or by Legal Practitioner either by
handing in the appropriate forms, duly completed, at the Registry of the High Court of
the Judicial Division in which the action is brought or by sending them to the Registry
by registered post.

INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOFThe Claimant's claim is for;
a.

A DECLARATION that the defendants conduct to the claimant on the 26th


June, 2005 constitutes a breach of contract.

b. A DECLARATION that the act of the defendant on the 27th to 30th was
negligent and reckless, and caused the claimant to suffer loss and damages;
thereby making the defendant liable.
c. AN ORDER that the Defendant should pay for specific damages stated as
follows:
i. $1, 500 (one thousand five hundred dollars only) being the remainder of the
$2,000 (two thousand dollars only) paid to the Defendant for the business
class.
ii. $1, 500 (one thousand five hundred dollars only) being the fare for the flight
the claimant boarded from Lesotho to South Africa.
d. AN ORDER awarding the sum of N10,000,000 (ten million naira only) to the
claimant as General Damages for the injury suffered occasioned by the conduct
of the defendant within the 27th and 30th June, 2005.
e. The cost of this action
The Writ was issued by Lawal Yakub Adebayo of whose address for service is
ZAHARA ASSOCIATES No. 6, Lawal Street, Shasha, Lagos; with the E.mail
address; yak7san@gmail.com and Phone No.; 07035396481, legal practitioner for the
said Claimant who resides at No. 43, Hope Crescent, Opposite Palace Hotel, Kaba,
Kogi State.
This Writ was served by me at................................................ on the Defendant
accompanied by the following documents:
a. a statement of claim;
b. a list of witnesses to be called at the trial;
c. written statements on oath of the witnesses except witnesses on subpoena
d. copies of every document to be relied on at the trial
e. pre-action protocol Form01
on the ....................................day of ................................. 20..........
Indorsed the ..........................day of ................................ 20..........
'The Registry, High Court of Lagos State
In the Ikeja Judicial Division.'
A sufficient affidavit in verification of the indorsement on this Writ to authorize the
sealing thereof has been produced to me this .............day of........................... 20..........

Registrar

IN THE HIGH COURT OF LAGOS STATE


IN THE IKEJA JUDICIAL DIVISION
HOLDEN IN IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES.....................................................................................CLAIMANT
AND
SWEET & SMART AIRLINES LTD............................................................DEFENDANT
STATEMENT OF CLAIM
1. The Claimant is a politician who resides at No. 43, Hope Crescent, Opposite
Palace Hotel, Kabba, Kogi State.
2. The Defendant, which renders airline service, is a limited liability company

registered in Nigeria having its registered and head office address at No. 42,
Alausa Way Agindigbi, Lagos
3. The Claimant avers that he contracted the Defendant through its Lagos office for

the secure of a space in the business class flight to South Africa for an urgent
medical treatment, an inflammatory heart disease:
4. The Claimant avers that on 25th April 2005, the Defendant confirmed to him that

the earliest date business class would be available was on the 29th August, 2005
5. The Claimant avers that based on the assurances made to him by the Defendant, he

paid the sum of $2,000 (Two Thousand Dollars) for his e-ticket for business
class.
6. The Claimant avers that the e-ticket sent to his e-mail by the Defendant after

paying the fare, have it along with other details contained therein, that the flight
he booked for is scheduled to take off on the 25th June 2005:
a. The said e-ticket is hereby pleaded to be tendered as evidence
7. The Claimant avers that he arrived at Lagos on the 23rd June 2005, and lodged at

Honolulu Hotel for 2 (two) nights.


8. The Claimant avers that he called the Defendants Lagos office on the 24 th June,

2005 for confirmation of his booking which was confirmed by the office and

was duly issued a confirmation slip which carries 25 th June 2005 as the date
when the flight to South Africa will take off by 8:30 pm:
a. The said confirmation slip is hereby pleaded to be tendered as evidence
9. The Claimant avers that on the 25th June, 2005 by 1pm he arrived at the Lagos

International Airport; but it was not his turn until 2am on the 26 th June, 2005
and that he was refused boarding pass by the Defendant and later downgraded
to economy class as against the business class which he booked for.
10.

The Claimant avers that upon the refusal of the Defendant in boarding him, he
left a letter of protest with the manager of the Defendants Lagos office.

11.

The Claimant avers that due to the reckless and negligent act of the Defendant,
particularly, on the 27th to 29th June 2005, he was unnecessarily delayed for two
days, stranded at Claud Mackey Airport, Lesotho.

12.

The Claimant avers that after the injurious delay, he boarded another flight from
Lesotho to South Africa for his medical treatment.
a. The Receipt of the flight boarded by the Claimant from Lesotho to South
Africa as pleaded herein above is hereby pleaded to be tendered as evidence.

13.

The Claimant avers that the conduct of the Defendant towards him on the 26 th
June, 2005 amount to a breach of contract.

14.

The claimant avers that the highly disturbing inconveniences suffered at the
economy class in the flight which he was downgraded to as contained in
paragraph (9) above and the unruly delay as contained in paragraph (11) above
caused a serious threat to his illness stated in paragraph (3) above which later
resulted into surgery conducted on him at the Chris Hani specialist Hospital,
Soweto South Africa:
a. The certified true copy of the medical report of the said surgery is hereby
pleaded to be tendered as evidence

15.

The Claimant avers that he has made attempts to have this matter settled out of
Court with the Defendant and such attempts were unsuccessful, and plead in
support thereof to be tendered as evidence the following documents:
a. Copy of complaint by the Claimant to the Disciplinary and Mediation
Department, Federal Airport Authority of Nigeria (FAAN)
b. Copy of the resolution of the FAAN Disciplinary and Mediation
Department.

16.

The Claimant avers that he is before this Honourable Court to seek protection
and redress for the breach of contract and negligence of the Defendant.

WHEREOF the Claimants claim against the Defendants is as follows:


a. A DECLARATION that the defendants conduct to the claimant on the 26 th
June, 2005 constitutes a breach of contract.
b.

A DECLARATION that the act of the defendant on the 27 th to 30th was


negligent and reckless, and caused the claimant to suffer loss and damages;
thereby making the defendant liable.

c.

AN ORDER that the Defendant should pay for specific damages stated as
follows:
i. $1, 500 (one thousand five hundred dollars only) being the remainder of
the $2,000 (two thousand dollars only) paid to the Defendant for the
business class.
ii. $1, 500 (one thousand five hundred dollars only) being the fare for the
flight the claimant boarded from Lesotho to South Africa.

d.

AN ORDER awarding the sum of N10,000,000 (ten million naira only)


to the claimant as General Damages for the injury suffered occasioned by
the conduct of the defendant within the 27th and 30th June, 2005.

e.

The cost of this action

DATED THIS.............. DAY OF........................... 2014


...............................................
LAWAL YAKUB ADEBAYO
P.P: ZAHARA ASSOCIATES.
CLAIMANTS SOLICITORS
NO. 6, LAWAL STREET,
SHASHA, LAGOS.
E.MAIL: yak7san@gmail.com
PHONE NO. 07035396481

ADDRESSES FOR SERVICE:

DEFENDANT

MANAGING DIRECTOR
SWEET & SMART AIRLINE
NO. 42, WUSE II, AREA I, GARKI, FCT ABUJA

IN THE HIGH COURT OF LAGOS STATE


IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES...............................................................................CLAIMANT
AND
SWEET & SMART AIRLINES...............................................................DEFENDANT

LIST OF WITNESSES
1. MR. JACOB MOSES
2. DR. BRIGHT SMITH

Dated this ..............day of.............................. 2014

...............................................
LAWAL YAKUB ADEBAYO
P.P: ZAHARA ASSOCIATES.
CLAIMANTS SOLICITORS
NO. 6, LAWAL STREET,
SHASHA, LAGOS.
E.MAIL: yak7san@gmail.com
PHONE NO. 07035396481

ADDRESSES FOR SERVICE:

DEFENDANT
MANAGING DIRECTOR
SWEET & SMART AIRLINE
NO. 42, WUSE II, AREA I, GARKI, FCT ABUJA

IN THE HIGH COURT OF LAGOS STATE


IN THE IKEJA JUDICIAL DIVISION
HOLDEN IN IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES................................................................................CLAIMANT
AND
SWEET & SMART AIRLINES................................................................DEFENDANT
1ST WITNESS STATEMENT ON OATH
I, Mr. Jacob Moses, Male, Christain, Adult, Nigerian Citizen of No. 43, Hope
Crescent, Opposite Palace Hotel, Kaba, Kogi State do hereby make oath and states as
follows:1. That I am the Claimant in this suit and I am conversant with the facts
culminating into this suit.
2. That I contracted the Defendant through its Lagos office for the secure of a
space in the business class flight to South Africa for an urgent medical
treatment, an inflammatory heart disease.

3. That on 25th April 2005, the Defendant confirmed to me that the earliest date
business class would be available was on the 29th August, 2005

4. That based on the assurances made to me by the Defendant, I paid the sum of
$2,000 (Two Thousand Dollars) for my e-ticket for business class:

a. That the said e-ticket will be tendered as evidence

5. That the e-ticket sent to my e-mail by the Defendant after paying the fare, have
it along with other details contained therein, that the flight I booked for is
scheduled to take off on the 25th June 2005.

6. That I arrived at Lagos on the 23rd June 2005, and lodged at Honolulu Hotel for
2 (two) nights.

7. That I called the Defendants Lagos office on the 24 th June, 2005 for
confirmation of my booking which was confirmed by the office and I was duly
issued a confirmation slip which carries 25th June 2005 as the date when the
flight to South Africa will take off:

a. That the said confirmation slip in my custody will be tendered as


evidence

8. That on the 25th June, 2005 by 1pm, I arrived at the Lagos International Airport;
and it was not my turn until 2am on 26 th June, 2005 and I was refused boarding
pass by the Defendant and later downgraded to economy class as against the
business class which I booked for.

9. That upon the refusal of the Defendant in boarding me, I left a letter of protest
with the manager of the Defendants Lagos office.

10. That due to the reckless and negligent act of the Defendant, particularly, on the
27th to 29th June 2005, I was unnecessarily delayed for two days, stranded at
Claud Mackey Airport, Lesotho.

11. That after the delay, I boarded another flight for South Africa in order to go for
my medical treatment:

a. That the receipt of the flight I boarded from Lesotho to South Africa
will be tendered as evidence

12. That the acts of the Defendant towards me on the 26 th June, 2005 amount to a
breach of contract.
13. That I suffered a highly disturbing inconveniences at the economy class in the
flight which I was downgraded to as stated in paragraph (9) above and more so,
due to the unruly delay as stated in paragraph (11) I have to undergo a surgery
on getting to the Chris Hani specialist Hospital, Soweto South Africa.

14. That I have made attempts to have this matter settled out of Court with the
Defendant and such attempts were unsuccessful, and i have some documents to
tender as evidence in support thereof:
a. Copy of complaint I made to the Disciplinary and Mediation
Department, Federal Airport Authority of Nigeria (FAAN)
b. Copy of the resolution of the FAAN Disciplinary and Mediation
Department.
15. That I make this claim as per statement of claim and urge this Honourable Court
to grant my prayers.
Deponent

Sworn To At The
Lagos State High Court
Registry, Ikeja.

Dated this _______________ day of ______________________ 2014

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF LAGOS STATE


IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES................................................................................CLAIMANT
AND
SWEET & SMART AIRLINES LTD........................................................DEFENDANT

2ND WITNESS STATEMENT ON OATH


I, Dr. Bright Smith, Male, Christian, Adult, South African Citizen of Chris Hani
specialist Hospital, Soweto South Africa do hereby make oath and states as follows:1. That I am a medical practitioner and work at Chris Hani Specialist Hospital,
Soweto South Africa as cardiologist
2. That I have known the Claimant in this suit for over 12 years

3. That I have been serving as the Claimants medical doctor since the year 1992

4. That I am of the knowledge that the Claimant in this suit is suffering from
inflammatory heart disease.

5. That the Claimant comes for routine medical treatment at Chris Hani specialist
Hospital, Soweto South Africa

6. That I informed the Claimant that there will be need for urgent treatment to his
illness.

7. That the Claimant called me on the 26 th April 2005 that his flight to South Africa
has been scheduled to take off on the 25th June, 2005
8. That on 24th June, 2005, the Claimant called me again to inform me that the
confirmation slip he got from the Defendant shows that his flight to South Africa is
taken off on the 26th June, 2005

9. That the Claimant called me on the 27 th June, 2005 informing me that the plane
developed some technical problem; and it was been checked

10. That I called the Claimant on the 28 th and 29th June, 2005 to ascertain his
situation; and I noticed from hi responses that he was under a critical attack

11. That upon the Claimants arrival on the 30 th June, 2005, a surgery was carried
out on the Claimant.

12. That the surgery was successful and the Claimant was discharged on 28 th July,
2005:
a. The copy of the medical report of the said surgery will be tendered as
evidence.

13. That I depose to this affidavit consciously believing same to be true and connive
in accordance with the Oath Acts 2003.

...................................
Deponent
Sworn To At The
Lagos State High Court
Registry, Ikeja.
Dated this _______________ day of ______________________ 2014

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION


HOLDEN IN IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES....................................................................................CLAIMANT
AND
SWEET & SMART AIRLINES LTD...........................................................DEFENDANT
LIST OF EXHIBITS
1. Copy of the e-ticket sent to the Plaintiff through email by the Defendant
2. Copy of the confirmation slip issued to the Plaintiff by the Defendant
3. Copy of the medical reports from Chris Hani specialist Hospital, Soweto South
Africa which show that the Plaintiff underwent surgery on inflammatory heart
disease
4. Copy of flight receipt issued by Lesotho Airways
5. Copy of the resolution of the FAAN Disciplinary and Mediation Committee
6. Copy of the report sent to the FAAN Disciplinary and Mediation Department

Dated this ..............Day of.............................. 2014

...............................................
LAWAL YAKUB ADEBAYO
P.P: ZAHARA ASSOCIATES.
CLAIMANTS SOLICITORS
NO. 6, LAWAL STREET,
SHASHA, LAGOS.
E.MAIL: yak7san@gmail.com
PHONE NO. 07035396481

ADDRESSES FOR SERVICE:

DEFENDANT
MANAGING DIRECTOR
SWEET & SMART AIRLINE
NO. 42, WUSE II, AREA I, GARKI, FCT ABUJA

IN THE HIGH COURT OF LAGOS STATE


IN THE IKEJA JUDICIAL DIVISION
HOLDEN IN IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES.....................CLAIMANT
AND
SWEET & SMART AIRLINES LTD.........DEFENDANT
STATEMENT OF COMPLIANCE WITH PRE-ACTION PROTOCOL
I/WE Mr. Jacob Moses/Lawal Yakub Adebayo Esq. make oath and say as follows:
1. I/We have compiled with the directions of the Pre-Action Protocol as set out in Order
1 Rule 1 (4) (ii) (e) of the High Court Rules.
2. I/WE have made attempts to have this matter settled out of Court with the Defendant
and such attempts were unsuccessful. The attempts made were as follows:
a. I/We left a protest letter to the manager of the Defendants Lagos office on the 26th June,
2005
b. I/We reported the claimants grievances in respect to the subject matter, to the
Disciplinary and Mediation Department of the Federal Airport Authority of Nigeria
(FAAN) through its Lagos annex on 1st August, 2009
c. The FAAN Disciplinary and Mediation Department set up a committee in Lagos to see
into the matter.
d. Meetings were held on the following dates:
i.
ii.
iii.
iv.

8th September, 2009;


11th May 2010;
28th November, 2010;
15th April, 2011;

v.
vi.

3rd July, 2012; and


22nd March, 2013

e. All the aforesaid meetings have having in attendance; the Defendants representatives,
the Claimant and his legal representative; and the members of the committee
f. The resolution of the committee on the 22nd March, 2013 was that since the matter
couldnt be settled amicably, it rather be referred for litigation.
3.

I/We have by a Written Memorandum to the Defendant set out my/our claim and options
for settlement
Dated at Lagos this...................Day of.............................20...............
BEFORE ME

COMMISSIONER FOR OATHS.

IN THE HIGH COURT OF LAGOS STATE


IN THE IKEJA JUDICIAL DIVISION
HOLDEN IN IKEJA
Suit No. LHC/LA/01E/2014
BETWEEN:
MR. JACOB MOSES.....................CLAIMANT
AND
SWEET & SMART AIRLINES LTD.........DEFENDANT
HEARING NOTICE FOR PRE-TRIAL CONFERENCE
To: MR. JACOB MOSES
SWEET & SMART AIRLINES LTD.
TAKE NOTICE that you are required to attend the Court No. 15 at the High Court of Lagos
State at the Ikeja Judicial Division, on the 14th Day of May 2014 at 9 Oclock in the
forenoon, for a Case Management Conference for the purposes set out hereunder:
1. (a) Disposal of non-contentious matters which must or can be dealt with on
interlocutory application;
(b) Giving such directions as to the future course of the action as appears best
adopted to secure its just, expeditious and economical disposal;
(c) Promoting amicable settlement of the case or adoption of ADR.
2. Please answer the questions in the attached Case Management Information Sheet
(Form 18) on a separate sheet and submit seven (7) clear days before the above
mentioned date.
TAKE NOTICE that if you do not attend in person or by Legal Practitioner at the time
and place mentioned, such proceeding will be taken and such Order will be made as
the Judge may deem just and expedient.

Dated the........................day of...........................20.............


Signed:.....................................
Chief Registrar