Memorandum of Appearance

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION

SUIT NO: HC/LA/01E/2005
BETWEEN:MR. JACOB MOSES
CLAIMANT/PLAINTIFF
DEFENDANT
AND
SWEET & SMART AIRLINES (SSA)
MEMORANDUM OF APPEARANCE
Please enter an appearance for SWEET & SMART AIRLINES (SSA) sued as
DEFENDANT in this action.
Dated this . day of 20
Pp:
__________________
Yahaya, I.S. Esq
Group 10, 20, 30, 40 and 50.
Law School, Kano Campus
Bagauda, Kano State.
08030529082
Email: group10-50@gmail.com
FOR SERVICE ON THE CLAIMANT/PLAINTIFF
MR. JACOB MOSES

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

CLAIMANT/PLAINTIFF
DEFENDANT
AND
STATEMENT OF DEFENCE
Save and except as are herein expressly and specifically admitted the Defendant
denies each and every allegation contained in the Plaintiff's Statement of Claim as
if each were herein set out and traversed seriatim.
1.
The Defendant admits paragraphs 1, 2, 3, 4, 5, 6 of the plaintiffs claim.
2.
The Defendant denies paragraph 7 as per where about of the Plaintiff is not
the part of the contract.
3.
The Defendant denies paragraphs 8 and 9, and avers that the plaintiff called
on 24th June 2005 for confirmation of his booking which was confirmed and
duly issued a confirmation slip which carries 25th June 2005 as the date
when the flight to South Africa will take off and the Plaintiff was not at the
airport as at 25th June, 2005 for his flight scheduled, until on the 26th June,
2005 when he showed up. The Plaintiff was refused boarding pass by the
Defendant and later moved to economy class on 26 th June 2005 due to the
fact that he missed his June 25th 2005 flight. (Attached and herein pleaded
exhibit A is a copy of the printout booking transaction for 25 th and 26th June
2005).
4.
The Defendant denies paragraph 10 of the plaintiffs claim and further aver
that though a letter of protest was left with the manager in Lagos office for
he was circumstantially compelled to boarded economic class to South
Africa and flight took off at around 11pm that day 26th June 2005.
5.
The Defendant denies paragraph 11 of the plaintiffs claim as it was due to

unforeseen circumstance beyond the control of the Defendant at Claud
Mackey Airport, Lesotho. Flowing from this statement Article 9 of the
Sweet and Smart Airlines Conditions and Terms of Carriage for Passengers
and Baggage will suffice and pleaded Exibit B.
6.
The Defendant denies paragraph 12 of the plaintiffs claim, as the

passengers has right to their decision.
7.
The Defendant denies paragraphs 13 as there was no contract between the

Plaintiff and Defendant for 26th June 2005. As the flight he boarded on 26 th
June 2005 was a consideration for his health condition. The contract day was
25th June 2005. Attached and herein pleaded exhibit A is a copy of the
printout booking transaction for 25th and 26th June 2005)
8.
In answering paragraph 14 of the statement of claims of the plaintiff, the

plaintiff wanted to travel to South Africa primarily for urgent medical
treatment.
9.
The Defendant denies paragraph 15 that he has no knowledge of any out of

court settlement meetings with the plaintiff.
Whereof the Defendant prays this Honourable Court to dismiss the plaintiffs
claims as same is frivolous, vexatious and without merit. And the Defendant also
claims against the Plaintiff the following reliefs:
a) The sum of one hundred million naira (N100,000,000.00) as damages
b) Cost of filing this suit.

Dated this ...................................................day of. ............................2005
Pp:
MR. JACOB MOSES

PHONE NO. 07035396481
__________________
Yahaya, I.S. Esq
Group 10, 20, 30, 40 and 50.
08030529082

CLAIMANT/PLAINTIFF
DEFENDANT
AND
DEPOSITION OF WITNESS ON OATH

I, Mrs. Salmah Lawal, Female, Muslim, Adult, Nigerian Citizen of No. 24 Igebu
Road, Victoria Inland, Lagos State do hereby make oath and states as follows:
1.
That I am a Managing Director of the defendant and I am conversant with

the facts of this suit.
2.
That I am ably representing the defendant which is a limited liability

company having its registered head office at No. 42, Wuse II, Area I, Garki,
FCT, Abuja.
3.
That the Plaintiff contacted the Defendant to secure a business class flight to
South Africa.
4.
That the Defendant made it known categorically to the plaintiff that the
earliest business class flight would be available on the 29th August, 2005.
5.
That the Defendant assured the plaintiff that he is secured a space in its
flight en-route South Africa scheduled to take off on 25th June, 2005.
6.
That the Plaintiff called the defendant on the 24th June 2005 for
confirmation of the schedule which was indeed confirmed and a slip of
confirmation issued to him.
7.
That the Plaintiff did not come on the scheduled date 25th June 2005 for the
boarding of the flight but a day after which is on the 26th June, 2005.
8.
That on condition and terms, the Defendant must firstly attend to the
passengers who are already scheduled to board the flight on 26th June, 2005
before attending to passengers not on the schedule list.
9.
That after all passengers scheduled to travel on the 26th June 2005 have
been boarded on the flight, the only available space was the economic class
10.
That the plaintiff was not compelled to board the flight.
11.
That as the Managing Director of Sweet and Smart Airlines company I have
no knowledge of any out of court settlement meetings with the plaintiff.
12.
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 ______________________ 2005
BEFORE ME
COMMISSIONER FOR OATHS

CLAIMANT/PLAINTIFF
DEFENDANT
AND
LIST OF WITNESSES
1.
SALIMAH LAWAL The Managing Director Sweet and Smart Airlines
company
Dated this ______________ day of
_________________________ 2005
Pp:
MR. JACOB MOSES

__________________
Yahaya, I.S. Esq
Group 10, 20, 30, 40 and 50.
08030529082
PHONE NO. 07035396481
CLAIMANT/PLAINTIFF
DEFENDANT
AND
LIST OF EXHIBITS
1.
Copy of the printout booking transaction for 25th and 26th June 2005
2.
Copy of Sweet and Smart Airlines Conditions and Terms of Carriage for
Passengers and Baggage
Dated this ______________ day of
_________________________ 2005
Pp:
__________________
Yahaya, I.S. Esq
Group 10, 20, 30, 40 and 50.
08030529082
MR. JACOB MOSES

PHONE NO. 07035396481

Memorandum of Appearance

Enviado por

Dados do documento

Descrição original:

Título original

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Memorandum of Appearance

Enviado por

Direitos autorais:

Formatos disponíveis

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION

FOR SERVICE ON THE CLAIMANT/PLAINTIFF

MR. JACOB MOSES

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

The Defendant admits paragraphs 1, 2, 3, 4, 5, 6 of the plaintiffs claim.

The Defendant denies paragraph 11 of the plaintiffs claim as it was due to

The Defendant denies paragraph 12 of the plaintiffs claim, as the

The Defendant denies paragraphs 13 as there was no contract between the

In answering paragraph 14 of the statement of claims of the plaintiff, the

The Defendant denies paragraph 15 that he has no knowledge of any out of

b) Cost of filing this suit.

FOR SERVICE ON THE CLAIMANT/PLAINTIFF

MR. JACOB MOSES

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

DEPOSITION OF WITNESS ON OATH

That I am a Managing Director of the defendant and I am conversant with

That I am ably representing the defendant which is a limited liability

That the plaintiff was not compelled to board the flight.

That I depose to this affidavit consciously believing same to be true and

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF JUSTICE OF LAGOS STATE

SALIMAH LAWAL The Managing Director Sweet and Smart Airlines

FOR SERVICE ON THE CLAIMANT/PLAINTIFF

MR. JACOB MOSES

Dated this ______________ day of

FOR SERVICE ON THE CLAIMANT/PLAINTIFF

MR. JACOB MOSES

PHONE NO. 07035396481

Você também pode gostar