Ratio DecidendiRatio Decidendi



YVONNE OKYERE-WHALLEY
V.
KLM ROYAL DUTCH AIRLINES

(2017) JELR 63616 (HC)    
High Court  ·  SUIT NO. GJ 240/2015 ·  20 Jul 2017 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
plaintiff
montreal convention
defendant airline
warsaw convention
international carriage
plaintiff’s claim
united kingdom
allegation of racial discrimination
canadian supreme court
case of the plaintiff
contract of carriage
crew member
nigerian passengers
return trip
white passenger
alleged policy
avid international traveller
baggage questionnaire
breach of her fundamental rights
defendant’s alleged new policy
defendant’s cabin crew member
defendant’s flight
denied fact
farmex ltd. v
following reliefs
further case of the plaintiff
guadalajara convention
high contracting parties
honourable court
international airline
international conventions
klm flight kl
law suit
montreal protocol
officer of the defendant
opening of a bottle of wine
plaintiff claims damages
plaintiff’s air miles
plaintiff’s case
plaintiff’s fundamental human rights
plaintiff’s home
purposes of this convention
recovery of court
said passenger
service of the writ
significant segment of our community holds
staff of the defendant
statement of claim
wishes of the plaintiff
yvonne okyere-whalley

JUDGMENT

i. Introduction:

[1] The time has come to talk of many things – of a traveler’s journey from Amsterdam to Accra with the Defendant Airline – and of her allegation of racial discrimination, the opening of a bottle of wine against the wishes of the Plaintiff, of an alleged policy of “reduced service” for Ghanaian and Nigerian passengers on the Defendant’s flight, the consequence thereof and why the Plaintiff says she is entitled to damages. Those questions arise in this litigation, in which the Plaintiff claims damages against the Defendant airline for discrimination and for injury to her feeling.

[2] On February 15, 2015 when the Plaintiff, Yvonne Okyere-Whalley and the husband took KLM Flight KL 589 from Amsterdam to Accra little did they or the Defendant, KLM know that the flight was setting in motion an allegation of racial discrimination, a call for an apology, a visit to the Plaintiff’s home by an officer of the Defendant with a hamper and ultimately a law suit and a claim f…

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