Mabel
Bassey Inim, Florence Bolaji Shonaiya and Julia Njoku, Individually and on
Behalf of All Others Similarly Situated v. World Airways and Ritetime Aviation
and Travel Services, Inc
On February 26, 2004, passengers on flights
operated by World Airways Inc. (Nasdaq:WLDA) through their lawyers, Echeruo,
Counsel, Attorneys at Law, LLP and Madu, Edozie & Madu P.C., filed a
Class Action lawsuit in the United States District Court for the Eastern
District of New York against World Airway Inc. and Ritetime Aviation and
Travel Services, Inc. The Class Action was filed on behalf of a class (the
"Class") of all persons holding roundtrip World Airways tickets for travel
originating from Nigeria who were conveyed to the Unites States by World
Airways and who were unable to use the return portion of their tickets due
to World Airways discontinuation of flight operations to Nigeria in December
2003. See the Complaint. The case was assigned to
Judge Raymond J. Dearie.
Judge Dearie has issued an order to World Airways
to appear in court on March 10, 2004 and show cause “why a preliminary injunction should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure”ordering World Airways, Inc. to transport Plaintiff Mabel Bassey Inim to Lagos, immediately. Read the order
. If you would like to attend the hearing,
click here
for travel instructions .
“The Judge’s decision to order a hearing is
an important development in the case. For the first time since December,
World Airways will have to explain its conduct before a Federal Judge.” said
Ike O. Echeruo, an attorney for the plaintiffs. “The courts set a high
threshold for mandatory injunctions. We believe we have made a strong showing
and we await the Court’s decision.” he added. A preliminary mandatory
injunction would compel World Airways to honor Mrs. Inim’s ticket and return
her to Nigeria, prior to trial and disposition of the case.
The Judge issued the order on the basis of
legal papers filed by Mrs. Inim, a 63 year old grandmother, through her lawyers,
Echeruo, Counsel, Attorneys at Law, LLP and Madu, Edozie & Madu P.C.
“We are pleased the Judge signed the order. Mrs. Inim, who is anxious
to return to Nigeria, finally has an opportunity to be heard before a court
of law.” said John Edozie, Esq., an attorney representing the plaintiffs.
The Class Action law suit alleges that World
Airways violated its contract by not honoring the return portion of tickets
issued to Nigeria passengers. According to the Complaint "in connection with
charter and other agreements with Ritetime, and in furtherance of World Airways'
strategy to have the Lagos Offices serve as its de facto branch office in
Nigeria, World Airways by its affirmative actions, or omissions, imbued Ritetime
and its employees and agents, with the apparent authority to act directly
as its agents and to issue valid tickets for travel on World Airways' behalf"
and should therefore be bound by Ritetimes actions.
The Complaint also alleges that World Airways
and Ritetime violated U. S. Federal laws and regulations which extended protection
to people traveling into the United States on U.S carriers. “World Airways
appears to have repeatedly violated Federal law and aided and abetted what
appears to be a fraudulent scheme. World Airways cannot brazenly violate
the law and expects that its innocent passengers will bear the consequences
of its own illegal conduct." said Echeruo. "This is a nation of laws. The
passengers have rights. We will not let them be bullied" he added.
“The plaintiffs have sustained significant
damages and World Airways will be held accountable”, said Edozie.
If you would like more information on how you
can join the case click here.
