11th February 2013.
The Managing Director
Aero Contractors Company Of Nigeria Ltd
General Aviation Terminal
Murtala Mohammed Airport Ikeja
DEMAND FOR PAYMENT OF DAMAGES AND REFUND OF TICKET SUM; A CASE OF FRAUD, OBTAINING BY FALSE PRETENSE AND BREACH OF CONTRACT AGAINST OUR CLIENT – RE: TICKET NO: 201211110000257
We are a firm of public interest Lawyers with emphasis on correctional litigations and Right Preservation.
Our services have been retained by Mr . Ahamefule Ogbu herein after referred to as our client on whose firm and unequivocal instruction we write you.
Our Clients brief is to the effect that sometime around the 29th day of October 2012, he booked a flight for a trip to be initiated in Lagos to Abuja both in Nigeria, departure time 6.45 am. The said flight was for the 31st of October 2012 and a return date of 1st November 201.
Our client furnished consideration by payment via your online with his Master card of Guaranty Trust Bank. He indeed paid the sum of N39, 640 with card No: 0278 and had pin No: ZTYJDK sent to him.
To the consternation of our client, the Pin sent to our Client by your company failed to be processed. Our client was therefore devastated by this fraud. Despite several calls, mails and entreaties to your office, the said ticket and or pin could not be confirmed. Consequently, in our client’s bid to keep to his appointment, he was coarsed by your actions to purchase another ticket from Arik Airline.
Needless to point out that our client was traumatised by your actions and negligence. As a law abiding citizen of this country, and haven failed to obtain neither the necessary services paid for nor his refund, he has therefore briefed us to demand same.
In view of the above, it is our findings and opinion that:
1. You are in grave breach of your contract with our Client.
2. Your act is a calculated and a perfect 21st century way of obtaining our Client’s N39, 640 under false pretences.
3. That our press briefing on this matter reveals that our client is not the only person you have swindled in this manner.
4. That the number of months that has elapse on this issue and the abortive efforts our client has made to recover his money shows that the refusal to pay and the alleged fraud was well deliberate and calculated.
5. That your company’s act is callous, criminal, unethical, and contravenes the values of equity, natural Justice and good conscience.
THEREFORE in consonance with our Instruction , we demand as follows;
a. That you forthwith make a refund of sum: N39, 640 (Thirty –Nine
thousand, Six hundred and Forty Naira only) to our client being the sum fraudulently obtained from him.
b. That you pay the sum of Twenty Five Million Naira to our Client
through our office as damages arising from trauma, shock, pains , agony, loss of goodwill and business concerns caused by your breach of contract.
c. That you cause to be aired on the Nigeria Television Authority (NTA) an apology to our client.
*TAKE NOTICE* that should you fail and or neglect to yield to our demand contained herein, within Seven days (7) of receipt of this letter served on you, we shall in accordance with our instruction, commence a devastating and decimating Legal action against you.
It is your choice if you may wish to avoid the attendant Legal embarrassment that may arise as a result of your failure to comply to our demands, also note that we are in the habit of making all our matters a National issue, buy carrying the public along via the media.
Attach for your ease are copies of all the correspondence between you company and our client showing efforts by our client to get his refund, rather his frustration was climaxed by several blunt refusals.
He that has ears let him hear.
Yours in Equity.
Amb, Barr, Odiedim Amachree
Tonnie and Jonnie
Legal Practitioners and Notary Public
34, Aba Road, Port Harcourt
Tell: 080 513 00000, 080 38 98 38 90