Other defendants in the suit are the Nigerian Civil Aviation Authority, NCAA and Prestige Assurance Plc.
In a statement of claims filed before a Federal High Court in Lagos by a Lagos-based lawyer, Mr. Dele Adeshina, SAN, on behalf of the plaintiff, Pastor Omawunmi averred that he is the owner of the four plots of land situated at 8/10, Popoola Olaniyi Street, Iju Ishaga, Lagos.
He also said that that on 3 June, 2012 at exactly 3.45 p.m., Dana Airline Model MD Douglas MJ83 aircraft crashed into his property and destroyed all his buildings and structures including personal belonging of his entire family, fish ponds, warehouses, furniture venture workshops and warehouse belonging to his company and Mrs. Nike Odunpitan.
He averred that his house is neither close to an airport, and such the plane's crash onto his property was sudden, shocking and devastating and same could not have been imagined or contemplated. Therefore, he demanded the sum of N172,530,960 from the defendant. But Dana Airline offered him N74,417,429. Therefore, the two figures were harmonized and reviewed down to N97,300,777 million.
Daniel, however, said he was paid $30,000 as cost of resettlement for himself and family, apart from the fact that he lost some finishing goods, books, doors.
Therefore, the plaintiff averred that regrettably, the conduct of the airline and Prestige Assurance, in the course of the settlement negotiations has been oppressive, inhuman and nonchalant, in total disregard for their suffering.
The plaintiff also alleged that he wrote to NCAA to prevail on Dana Airline to speedily consider and settle the claim. Similar letters were written to Nigeria President, Senate president, Speaker of the House of Representatives, Minister of Aviation, Attorney- General of the Federation, Inspector General of Police, National Human Rights Commission, Lagos State governor and Attorney-General of Lagos State but Dana Airline and Prestige Assurance have declined to grant the plaintiff claims.
Consequently, the plaintiff is claiming the following against the defendants: N207,507,608 against Dana Airline and Prestige Assurance for the loss of their properties and income, N50 million damages suffered by Pastor Omawunmi, N234,097,500 being the cost of the property destroyed by the aircraft; N28 million being loan obtained by his company, payment of N2 million every month being interest of the loan and N50 million as general damages.
Dana Airline is yet to file any defence. NCAA in its defence before the court by Barrister Bekun Sowole averred that as at the time of the crash, the airworthiness clearance issued to Dana Airline was valid.
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