IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE YENAGOA JUDICIAL DIVISION

HOLDEN AT YENAGOA
SUIT NO: FHC/YNG/CS/…../2024
BETWEEN
MR SYLVESTER ANDAMOWEI SEDE ……………………. PLAINTIFF
AND
IBOM AIRLINES LIMITED ………………………………. DEFENDANT

TO:
Managing Director,
Ibom Airlines Limited,
Victor Attah International Airport,
Uyo, Akwa Ibom State.

WRIT OF SUMMONS
You are hereby commanded that within Thirty (30) 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 the
above named plaintiff and TAKE NOTICE that in default of your so
doing, the plaintiff may proceed therein, and judgment may be given in
your absence.

DATED THIS ……………. DAY OF ………………………….. 2024

…………………………………
REGISTRAR

MEMORANDUM TO BE SUBSCRIBED ON THE WRIT:

N.B This writ is to be served within twelve calendar months from the
date hereof, or, if renewed, within six calendar 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 Federal High Court, Yenagoa in which the action is
brought or by sending them to the Registry by registered posts.
ENDORSEMENT TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF
The plaintiff claim against the Defendant is as follows:
1. A DELARATION that the ticket with ticket number PNR: 1217AZ from the
defendant in favour of the Plaintiff created a binding contract between the plaintiff
and the Defendant.
2. A DECLARATION that the failure of the Defendant to airlift the Plaintiff upon
purchase of the ticket with ticket number PNR: 1217AZ by the Plaintiff on the 3th
day of July 2024 amounts to breach of contract.
3. A DECLARATION that the plaintiff was entitled to the sum of ₦132,658.23 (One
Hundred And Thirty Two Thousand Six Five Thousand Eight Hundred Naira Twenty
Three Kobo Only) being the value of the ticket purchased by the plaintiff from the
Defendant within 24 hours after the Plaintiff made request for refund.
4. AN ORDER forthwith directing/compelling the defendant to pay to the plaintiff the
sum of 20,000,000.00 being special damages suffered by the plaintiff as a result of
the breach of contract by the defendant.
5. AN ORDER forthwith/compelling the Defendant to pay the Plaintiff the sum of ₦
2,000,000 (Two Million Naira Only) being and representing special damages for legal
fees payable by the Plaintiff for this suit.
6. AN ORDER forthwith directing/compelling the Defendant to pay the plaintiff the
sum of ₦ 20,000,000 (Twenty Million Naira Only) being and representing General and
Exemplary damage against the Defendant.
7. 10% per annum post judgment interest from the date of judgment until the
judgement sum is fully liquidated.
This writ summons was issued by B. A. Joshua, Esq of B. A Joshua and
Associates, Plaintiff’s Counsel of No. 47 Erepa Road, Yenezuegene, Yenagoa,
Bayelsa State for the said Plaintiff whose head office address is at No 1 Otiotio
Junction, Yenagoa, Bayelsa State.

ENDORSEMENT TO BE MADE ON COPY OF WRIT FORTHWITH

AFTER SERVICE
This writ was served by me, ……………………….. on the Defendant, personally by
…………………… on the……day of……………………………..2024.
Address: ………………………………………………………………………………………………….
Signature: ……………………………………………………………………………………………….
Endorsed this …. Day of ………………………………., 2024.
PLAINTIFF COUNSEL’S ENDORSEMENT & SEAL:
………………………………….
B. A. JOSHUA, ESQ.
(PLAINTIFF’S COUNSEL)
B. A. JOSHUA and Associates
No. 47 Erepa Road,
Yenezuegene,
Yenagoa, Bayelsa State.
08066284775,0802325686
Bajoshua@nigerianbar.ng

THE REGISTRY, FEDERAL HIGH COURT NIGERIA

IN THE YENAGOA JUDICIAL DIVISION
A sufficient affidavit in verification of the endorsement on this writ to authorise the
sealing thereof has been produced to me this…………….. Day of June, 2024
_____________________
REGISTRAR
 IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA
SUIT NO: FHC/YNG/CS/…../2024
BETWEEN
MR SYLVESTER ANDAMOWEI SEDE ……………… PLAINTIFF
AND
IBOM AIRLINES LIMITED ………………………………. DEFENDANT

AFFIDAVIT VERIFYING WRIT OF SUMMONS

I, MR, SYLVERSTER ANDAMOWEI SEDE, Male, Christian, Adult, Citizen of
Nigeria, residing at Yenagoa, Bayelsa State, and within the Jurisdiction of
this Honourable Court, do hereby make Oath and within the jurisdiction
of this Honourable court, do hereby make Oath and state as follows.
1. That I am the deponent herein and I am the plaintiff on record by
virtue of which I am conversant with the fact deposed herein.

2. That have gone through the writ and the Statement of Claim and the
contents accords with the instructions given to my solicitor and I
therefore verify them.

3. That I have make this deposition solemnly in good faith,

conscientiously and believing same to be true and correct and in
accordance with the Oaths ACT, Cap. 01, Laws of the Federation of
Nigeria, 2024.

…………………………

Deponent

Sworn to the Fedaral High Court Registry, Yenagoa

Dated the ……… day of……………………..2024.

BEFORE ME

COMMISSIONER FOR OATHS

 IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA
SUIT NO: FHC/YNG/CS/…../2024
BETWEEN
MR SYLVESTER ANDAMOWEI SEDE ……………… PLAINTIFF

AND
IBOM AIRLINES LIMITED ..…………………………. DEFENDANT

STATEMENT OF CLAIM
1. The Plaintiff in the suit is a businessman and the Managing Director
of Silverflame Media, a media outfit duly registered under the
Companies and Allied Matters Act,2020 with its office address at
Azikoro Road, Ekeki- Epie, in the Yenagoa Local Government Area of
Bayelsa State.

2. The Defendant in this suit is a Nigerian Airline offering domestic

flight within Nigeria and duly registered as a company under the
Companies and Allied Matters Act 2020 with registered office at
Ibom Air Limited, Victor Attah International Airport Uyo, Akwa Ibom
State.

3. The Plaintiff avers that on the 3 rd day of July 2024 he booked an air
ticket with the Defendant to travel from Port Harcourt to Lagos on
the 11th day of July, 2024 with booking No. PNR: 1217AZ and was
purchased for ₦.132, 658.23 (One Hundred and Thirty-Two
Thousand, Six Hundred and Fifty-Eight Naira, Twenty-Three Kobo)
only. The flight Ticket with booking No. 1217AZ is hereby
pleaded and will be relied on during trial.

4. That while the Plaintiff was preparing for his flight on the 11 th day of
July, 2024 he received a mail from the Defendant through their email
address reservations@@ibomair.com to his email address
slysede@gmail.com that the flight which the plaintiff was billed to
travel with on the 11th day of July, 2024 at 7:30 AM has been
cancelled as a result of an unscheduled maintenance.

5. The Plaintiff avers that as a result of the flight cancellation by the

Defendant and in a bid to meet up with his engagement at Lagos
 State, he paid for another ticket with VALUEJET with the sum of the
₦163,000.00 (One Hundred and Sixty-Three Thousand Naira)
only, which sum is higher than the sum previously paid by the
plaintiff. The copy of the ticket is hereby pleaded and shall be
relied on during trial.

6. The Plaintiff avers that after booking another ticket with Valuejet, he
still did not meet up his engagement which made his media oufit
(company) to lose out in the business transaction.

7. The Plaintiff avers that on the 12th of July, 2024, he sent an email to
the defendant via his email address: slysede@gmail.com to the
Defendant via its email address: reservations@ibomair.com
demanding for a refund of the sum of ₦132,658,23 (one hundred
and thirty two thousand, six hundred and fifty eight niara, twenty
two kobo) which is the amount paid by the Plaintiff to the Defendant
for the air ticket. The defendant promptly responded to the mail
same date it was sent and promised to effect the refund within four
(4) weeks from the date of request however, failed to oblige. The
copy of the email is hereby pleaded and shall be relied on
during trial.

8. The Plaintiff avers that on the 10th day of august, 2024 he sent
another reminder to the Defendant via it’s email address:
reservations@ibomair.com, the Defendant promised to effect the
refund however, failed to oblige again. The copies of the email
correspondence are hereby pleaded and shall be relied on
during trial.

9. The Plaintiff avers that after several emails to follow up and

promises made by the Defendant that the refund will be effected,
the Defendant still refused to refund the Plaintiff the sum of
₦132,658,23 (one hundred and thirty two thousand, six hundred and
fifty eight Naira, twenty two kobo) which is the amount paid by the
Plaintiff to the Defendant for the air ticket .

10. The Plaintiff avers that after several demands has been made for the
refund which proved abortive, he instructed his lawyer B. A Joshua
Esq., of B. A JOASHUA AND ASSOCIATE, No. 47 Erepa Road, Yenagoa
Bayelsa State to assist in recovering his money and on his
instruction a letter of demand was written to the Defendant dated
10th day of September 2024 requesting for a refund and also
requested that the Defendant pay Damages to the Plaintiff as a
 result of their inability to refund within the time promised by the
Defendant.

11. The Plaintiff avers that the demand letter to the Defendant was sent
to the Defendant via DHL service and same was receipted by DHL.
The DHL receipt evidencing the Demand Letter written to
the Defendant is hereby Pleaded and shall be relied on
during trial.

12. The Plaintiff avers that upon the receipt of the aforementioned
demand letter, which was written through my lawyer B. A Joshua
Esq., demanding for a refund before the Defendant wrote back
stating they have refunded the sum of NGN. 131,000 (One Hundred
and Thirty One Thousand Naira, Only) on the 18 th day of September,
2024. A copy of the reply letter from the Defendant dated the
19th day of September, 2024 if hereby pleaded and shall be
relied on during Trial.

13. The Plaintiff avers that his business has suffered setback because of
the Defendant’s act of cancellation of the flight and withholding the
refund for more than 2 months.

14. The Plaintiff avers that the Defendant’s cancellation of flight and
untimely refusal to refund his money has occasioned a serious
hardship on his media business.

15. The Plaintiff claims that it had engaged the services of B. A. JOSHUA
AND ASSOCIATE of No 47 Erepa Road, Yenagoa, Bayelsa State and
was charged a total fee NGN. 2,000,000.00 (Two Million Naira, Only)
payment of which the plaintiff has already paid and receipt was
issued to him. The receipt for payment of legal fees is hereby
pleaded and will be relied on during trial.

16. The Plaintiff shall contend that he is entitled to special damages

amounting to Two Million Naira, (2,000,000.00) as legal fees
expended for this action arising from the Defendant’s deliberate act.

17. The Plaintiff shall contend that he is entitled to special damages

amounting to Twenty Million Naira (20,000,000.00) as loss of
business transaction and goodwill arising from the Defendant’s
deliberate act.

PARTICULARS OF SPECIAL DAMAGES

 The particulars of special Damages are as follows:
a. Consultation and Retainership of B. A. Joshua and Associates to file
action in court against the Defendant amounting to:
Two Million, Naira (2,000,000.00)
b. Loss of goodwill, and loss of business transaction amounting to:
Twenty Million Naira Only (20,000,000.00)

18. The Plaintiff avers that left to the Defendant, his continuous efforts in
seeking redress will meet with failure except this honourable Court
intervenes.

WHEREOF THE PLAINTIFF CLAIMS AGAINST THE DEFENDANT

AS FOLLOWS:
a. A DELARATION that the ticket with ticket number PNR: 1217AZ
from the defendant in favour of the Plaintiff created a binding
contract between the plaintiff and the Defendant.
b. A DECLARATION that the failure of the Defendant to airlift the
Plaintiff upon purchase of the ticket with ticket number PNR:
1217AZ by the Plaintiff on the 3th day of July 2024 amounts to
breach of contract.
c. A DECLARATION that the plaintiff was entitled to the sum of
₦132,658.23 (One Hundred And Thirty Two Thousand Six Five
Thousand Eight Hundred Naira Twenty Three Kobo Only) being the
value of the ticket purchased by the plaintiff from the Defendant
within 24 hours after the Plaintiff made request for refund.
d. AN ORDER forthwith directing/compelling the defendant to pay
to the plaintiff the sum of 20,000,000.00 being special damages
suffered by the plaintiff as a result of the breach of contract by
the defendant.
e. AN ORDER forthwith/compelling the Defendant to pay the
Plaintiff the sum of ₦ 2,000,000 (Two Million Naira Only) being and
representing special damages for legal fees payable by the
Plaintiff for this suit.
f. AN ORDER forthwith directing/compelling the Defendant to pay
the plaintiff the sum of ₦ 20,000,000 (Twenty Million Naira Only)
being and representing General and Exemplary damage against
the Defendant.
g. 10% per annum post judgment interest from the date of judgment
until the judgement sum is fully liquidated.

Dated the ……… day of……………………..2024

 …………………………….
B. A. JOSHUA, Esq.
B. A. JOSHUA and
Associates
47 Erepa Road,
Yenezuegene,
Yenagoa, Bayelsa
State.
08066284775,080232
5686
bajoshua@nigerianba
r.ng
SERVICE ON THE DEFENDANT
MANAGING DIRECTOR
Managing Director,
Ibom Airlines limited,
Victor Attah International Airport,
Uyo, Akwa Ibom State.

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA
SUIT NO: FHC/YNG/CS/…../2024
BETWEEN
MR SYLVESTER ANDAMOWEI SEDE ……………… PLAINTIFF
AND
IBOM AIRLINES LIMITED ..…………………………. DEFENDANT

LIST OF WITNESSES

1. MR SYLVESTER ANDAMOWEI SEDE

LIST OF DOCUMENTS
1. IBOM AIR TICKET WITH BOOKING NO. PNR:1217AZ
2. VALUEJET AIR TICKET
3. ELECTRONIC MAIL BETWEEN THE PLAINTIFF AND THE
DEFENDANT DATE 12th DAY OF JULY, 2024
4. ELECTRONIC MAIL BETWEEN THE PLAINTIFF AND THE
DEFENDANT DATED 10TH DAY OF SEPTEMBER, 2024
5. DHL RECEIPT EVIDENCING THE DEMAND LETTER SENT TO THE
DEFENDANT
6. DEFENDANT’S REPLY TO THE PLAINTIFF’S SOLICITOR’S
DEMAND LETTER DATED THE 10 DAY OF SEPTEMBER, 2024
7. RECIEPT OF PAYMENT OF LEGAL FEE

DATED THIS ……. DAY OF ……………., 2024

…………………………….
B. A. JOSHUA, Esq.
B. A. JOSHUA and
Associates
47 Erepa Road,
Yenezuegene,
Yenagoa, Bayelsa
State.
08066284775,
0802325686
bajoshua@nigerianba
r.ng
SERVICE ON THE DEFENDANT
MANAGING DIRECTOR
Managing Director,
Ibom Airlines limited,
Victor Attah International Airport,
Uyo, Akwa Ibom State

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA
SUIT NO: FHC/YNG/CS/…../2024
BETWEEN
MR SYLVERSTER ANDAMOWEI SEDE ………………… PLAINTIFF
AND
IBOM AIRLINES LIMITED …………………………… DEFENDANT

WITNESS STATEMENT ON OATH OF MR. SYLVESTER

ANDAMAOWEI SEDE
I, MR. SYLVESTER ANDAMOWEI SEDE, Male, Christian, Adult, Citizen of
Nigeria, residing at, Yenagoa, Bayelsa State, and within the jurisdiction
of this honourable court, do hereby make oath and state as follows:

1. That I am the Plaintiff in the suit, a businessman and the Managing

Director of Silverflame Media, a media outfit duly registered under
the Companies and Allied Matters Act,2020 with its office address at
 Azikoro Road, Ekeki- Epie, in the Yenagoa Local Government Area of
Bayelsa State.

2. That the Defendant in this suit is a Nigerian Airline offering domestic

flight within Nigeria and duly registered as a company under the
Companies and Allied Matters Act 2020 with registered office at
Ibom Air Limited, Victor Attah International Airport Uyo, Akwa Ibom
State.

3. That on the 3rd day of July 2024 I booked an air ticket with the
Defendant to travel from Port Harcourt to Lagos on the 11 th day of
July, 2024 at 7:30 AM with booking No. PNR: 1217AZ and was
purchased for ₦.132, 658.23 (One Hundred and Thirty-Two
Thousand, Six Hundred and Fifty-Eight Naira, Twenty-Three Kobo)
only. The flight Ticket with booking No. 1217AZ is hereby
pleaded and will be relied on during trial.

4. That while I was preparing for my flight on the 11 th day of July, 2024
I received a mail from the Defendant through their email address
reservations@@ibomair.com to my email address
slysede@gmail.com that the flight which I was billed to travel with
on the 11th day of July, 2024 at 7:30 AM has been cancelled as a
result of an unscheduled maintenance.

5. That as a result of the flight cancellation by the Defendant and in a

bid to meet up with my engagement in Lagos State, I paid for
another ticket with VALUEJET with the sum of the ₦163,000.00
(One Hundred and Sixty-Three Thousand Naira) only, which
sum is higher than the sum previously paid by me. The copy of the
ticket is hereby pleaded and shall be relied on during trial.

6. That after booking another ticket with Valuejet, I still did not meet up
with my engagement which made his media outfit (company) to lose
out in a business transaction worth NGN. 50,000,000.00 (Fifty Million
naira, Only).

7. That on the 12th of July, 2024, I sent an email via my email address:
slysede@gmail.com to the Defendant via their email address:
reservations@ibomair.com demanding for a refund of the sum of
₦132,658,23 (One Hundred And Thirty Two Thousand, Six Hundred
And Fifty Eight Niara, Twenty Two Kobo, Only) which is the amount I
paid to the Defendant for the air ticket. The defendant promptly
responded to the mail on the same date it was sent and promised to
effect the refund within four (4) weeks from the date of request. The
 copy of the email is hereby pleaded and shall be relied on
during trial.

8. That on the 10th day of august, 2024 I sent another reminder to the
Defendant via it’s email address: reservations@ibomair.com, the
Defendant promised to effect the refund but still failed to refund the
amount requested. The copies of the email correspondence are
hereby pleaded and shall be relied on during trial.

9. That after several emails from me to the Defendant to follow up and

promises made by the Defendant that the refund will be effected,
the Defendant still refused to refund to me the sum of ₦132,658,23
(One Hundred And Thirty Two Thousand, Six Hundred And
Fifty Eight Naira, Twenty Two Kobo, Only) which is the amount I
paid the Defendant for the air ticket .

10. That after several demands had been made for the refund which
proved abortive, I instructed my Lawyer B. A Joshua Esq., of B. A.
JOSHUA AND ASSOCIATE, No. 47 Erepa Road, Yenagoa Bayelsa State
to assist in recovering the money and on my instruction a letter of
demand was written to the Defendant dated 10 th day of September
2024 requesting for a refund and also requested that the Defendant
pay Damages to me as a result of their inability to refund within the
time promised by the Defendant.

11. That the demand letter to the Defendant was sent to the Defendant
via DHL service and same was receipted by DHL. The DHL receipt
evidencing the Demand Letter written to the Defendant is
hereby Pleaded and shall be relied on during trial.

12. Upon receipt of the demand letter by the Defendant and upon
payment of the sum of NGN. 131,000.00 (One Hundred and
Thirty One Thousand Naira, Only), the Defendant responded to
the My Counsel, B. A. Joshua, Esq. vide a letter dated the 19 th day of
September, 2024. The said Defendant’s Reply letter dated 19 th
September, 2024 is pleaded and I rely on same.

13. That my business has suffered setback because of the Defendant’s

act of cancellation of the flight and withholding my money for more
than 2 months.
14. That the Defendant’s cancellation of flight and untimely refusal to
refund his money has occasioned a serious hardship on his media
business.

15. That I engaged the services of B. A. Joshua, Esq. of B. A. JOSHUA

AND ASSOCIATES of No 47 Erepa Road, Yenagoa, Bayelsa State and
was charged a total fee NGN. 2,000,000.00 (Two Million Naira,
Only) payment of which I have already paid and receipt was issued
to him. The receipt for payment of legal fees is pleaded and I
rely on same.

16. That I shall contend that I am entitled to special damages amounting

to Two Million Naira, (2,000,000.00) as legal fees expended for
this action arising from the Defendant’s deliberate act.

17. I shall also contend that I am entitled to special damages amounting

to Twenty Million Naira (20,000,000.00) as loss of business
transaction and goodwill arising from the Defendant’s deliberate act.

PARTICULARS OF SPECIAL DAMAGES

The particulars of special Damages are as follows:
a. Consultation and Retainership of B. A. Joshua and Associates to
file action in court against the Defendant amounting to:
Two Million, Naira (2,000,000.00)
b. Loss of goodwill, and loss of business transaction amounting to:
Twenty Million Naira Only (20,000,000.00)

18. That left to the Defendant, my continuous efforts in seeking redress

will meet with failure except this Honourable Court intervenes.

19. That I Claim against the Defendant as follows:

a. A DELARATION that the ticket with ticket number PNR: 1217AZ

from the defendant in favour of the Plaintiff created a binding
contract between the plaintiff and the Defendant.
b. A DECLARATION that the failure of the Defendant to airlift the
Plaintiff upon purchase of the ticket with ticket number PNR:
1217AZ by the Plaintiff on the 3th day of July 2024 amounts to
breach of contract.
c. A DECLARATION that the plaintiff was entitled to the sum of
₦132,658.23 (One Hundred And Thirty Two Thousand Six Five
Thousand Eight Hundred Naira Twenty Three Kobo Only) being the
value of the ticket purchased by the plaintiff from the Defendant
within 24 hours after the Plaintiff made request for refund.
 d. AN ORDER forthwith directing/compelling the defendant to pay
to the plaintiff the sum of 20,000,000.00 being special damages
suffered by the plaintiff as a result of the breach of contract by
the defendant.
e. AN ORDER forthwith/compelling the Defendant to pay the
Plaintiff the sum of ₦ 2,000,000 (Two Million Naira Only) being and
representing special damages for legal fees payable by the
Plaintiff for this suit.
f. AN ORDER forthwith directing/compelling the Defendant to pay
the plaintiff the sum of ₦ 20,000,000 (Twenty million naira only)
being and representing General and Exemplary damage against
the Defendant.
g. 10% per annum post judgment interest from the date of judgment
until the judgement sum is fully liquidated.

20. That I depose to this oath in good faith conscientiously believing

same to be true and in accordance to the provisions of the Oaths Act,
LFN, 2024.

……………………

Deponent

Sworn to the Fedaral High Court Registry, Yenagoa

Dated the ……… day of……………………..2024.

BEFORE ME

COMMISSIONER FOR OATHS

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE YENAGOA JUDICIAL DIVISION
HOLDEN AT YENAGOA
SUIT NO: FHC/YNG/CS/…../2024
BETWEEN
MR SYLVESTER ANDAMOWEI SEDE ………………… PLAINTIFF
AND
IBOM AIRLINES LIMITED …………………………… DEFENDANT

AFFIDAVIT NON-MULTIPLICITY OF ACTION

I, I, MR. SYLVERSTER ANDAMOWEI SEDE, Male, Christian, Adult, Citizen

of Nigeria, residing at, Yenagoa, Bayelsa State, within the jurisdiction of
this Honourable court, do hereby make oath and state as follows:

1. That I am the deponent herein and the plaintiff on record by virtue of

which I am conversant with the facts deposed herein.

2. That I depose to this affidavit of non-duplicity of action.

3. That this matter is being filed in this court for the first time.

4. That this matter has not been filed in any other court.

5. That I make this deposition solemnly in good faith, conscientiously

and believing same to be true and correct and in accordance with the
oath act, Cap. 01, Laws of the Federation of Nigeria, 2024.

……………………
Deponent

Sworn to the Fedaral High Court Registry, Yenagoa

Dated the ……… day of……………………..2024.

BEFORE ME

COMMISSIONER FOR OATHS