In the Civil Case of Barr MAXWELL OPARA VS AIR PEACE NIG. LIMITED

The Claimant claims against the Defendants as follows: a. same is liquidated A DECLARATION OF THIS HONOURABLE COURT THAT that by virtue of the Claimant booking the Defendant's flight to travel to Owerri, Imo state from Abuja on the 3rd of February, 2022; precisely by 10:45am, the Claimant and Defendant had entered into a contractual relationship and the parties thereof are by law not permitted to deviate from and/or alter the terms of the contract without the agreement of the other. b. A DECLARATION OF THIS HONOURABLE COURT THAT the actions of the Defendant in unilaterally altering the departure time of their flight booked by the Claimant from 10:45am to 05:00pm on the 3rd of February, 2022; against their initial agreement which fixed time at 10:45am and without prior notice whatsoever, amount to a fundamental breach of the terms of their contract and accordingly wrongful, unjustifiable and insensitive. c. A DECLARATION OF THIS HONOURABLE COURT THAT when the Claimant booked the Defendant's fight to travel to Owerri, Imo state from Abuja on the 3rd of February, 2022 by 10:45am, the Defendant had acquired a duty of care and owes same to the Claimant to ensure that all facilities to ensure that the services booked were rendered are in place and that no damage accrues to the Claimant as a result of any of their negligence in delivering of the said service. d. A DECLARATION OF THIS HONOURABLE COURT THAT the action of the Defendant when they recklessly altered the departure time of their flight booked by the Claimant from 10:45am to 5pm on the 3rd of February, 2022, without prior notice to the Claimant whatsoever; which action resulted in huge damages to the Claimant, amounts to a breach of the duty of care which the Defendant owes the Claimant and ultimately an act of gross negligence, e. AN AWARD of #30, 000,000.00 (Thirty Million Naira) as general damages for breach of contract. f. AN AWARD of #30, 000,000,00 (Thirty Million Naira) as general damages for negligence. g. AN AWARD of #20, 000,000.00 (Twenty Million Naira) as special damages for breach of contract and negligence. h. AN AWARD of #2, 000,000.00 for cost of action. i. AN AWARD OF 10% interest per annum on the judgment sum from the day of judgment till.