The deceased’s family is praying the Federal High Court in Lagos to hold that the Associated Aviation Nigeria Limited and the Nigeria Civil Aviation Authority (NCAA) caused his death in a plane crash through negligence. The deceased was a passenger of a Flight 361 that crashed on October 3, 2013 while conveying the remains of former Ondo State governor, Olusegun Agagu, to the state for funeral. The late Falae’s wife, Ese and three teenage children are claiming damages from the defendants for alleged negligence. They are claiming $100,000 as general damages and N219, 906,250 which the deceased would have earned in 15 years as a lawyer, commissioner and owner of a construction firm had he not died. In the alternative, the plaintiffs sought 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 prayed for N5million as cost of filing the suit and legal fees, and 10 per cent interest on the post-judgment sum. The judgment was billed for Wednesday and parties were informed by court officials that Justice Rabiu Hadiza Shagari would deliver the verdict by 2: 00 p.m. But the counsel for the parties, who waited for the judge to sit on the matter, were invited into the judge’s chambers at 3:30 p.m. One of the counsel informed journalists when they came out of the judge’s chambers that the judgment was not ready, and that the judge had adjourned it till March 29. The family claimed that Associated Aviation, which operated the chartered aircraft, breached Section 74 of the Civil Aviation Act 2006 by failing to procure a legally binding insurance policy covering its liabilities, including compensation for damages that may be sustained by third parties. It also asked the court to hold that the company breached statutory duties imposed by Section 55 of the Act when its aircraft at 9:32 a.m., a minute after take-off, crashed just outside the aerodrome and caused the deceased’s death.]]>
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