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Case summary: Falae v Associated Aviation and another

In a landmark decision in Suit No. FHC/L/CS/1494/2014 – Falae and others v. Associated Aviation and another, the Federal High Court held that where a plaintiff proves that an aircraft crashed within one minute after take-off, the operator has the burden of proof to establish that it was not negligent.

The court also found that the Plaintiffs’ counsel – Muyiwa Ogungbenro of Olajide Oyewole LLP, proved that Associated Aviation and the Nigerian Civil Aviation Authority were negligent and that the Plaintiffs’ loss was more than just general damages.

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