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…

YVONNE OKYERE-WHALLEY V. KLM ROYAL DUTCH AIRLINES

YVONNE OKYERE-WHALLEY
V.
KLM ROYAL DUTCH AIRLINES