Mother and daughter sue BWIA for $60M damages
--Following seizure of passports at Grantley Adams Airport
By George Barclay
Guyana Chronicle
June 8, 2004
VREED-en-Hoop housewife Dian Balram and her daughter Nicola Balram, who were en route to Miami last April, when their passports were seized in Barbados, are claiming damages in excess of $60M from British West Indian Airways, Limited, (BWIA).
A ten-day writ to the effect, issued by Mr. Edward A. Luckhoo, Senior Counsel (SC) on behalf of the Balrams, was filed in the Supreme Court Registry yesterday.
According to the indorsement of claim, by a contract of carriage made and entered into between the plaintiffs and the defendant in Georgetown in and about April 2004, the defendant contracted to carry the plaintiffs to Miami, United States of America and return them to Guyana.
The plaintiffs paid to the defendant the sums of US$543 and US$522 respectively, the costs of the tickets, inclusive of Government tax, and were issued tickets by the defendant to travel to Miami on April 12, 2004 and to return to Guyana on April 14, 2004.
The indorsement of claim went on to state that at Grantley Adams Airport, Barbados, en route to Miami, the servants, employees and/or agents of the defendant company wrongfully and/or unlawfully and/or negligently and/or in breach of contract seized the passports and tickets of the plaintiffs and took them off the aircraft putting them on a later flight back to Guyana.
It is said that as a result of the wrongful and unlawful acts of the employees, servants and/or agents of the defendant and breach of contract and/or negligence of the defendant, its servants and/or agents, the plaintiffs suffered loss and damage and were otherwise damnified.
On the aforesaid date, April 12, 2004 in Georgetown, Guyana, the servants and/or agents of the defendant spoke and published defamatory statements of and concerning the plaintiffs whereby the plaintiffs suffered loss and damage.
The plaintiffs' claims against the defendant are for :-
(a) Damages in excess of $10,000,000 for breach of contract.
(b) Damages in excess of $10,000,000 for negligence.
(c) Damages in excess of $10,000,000 for breach of contract of carriage.
(d ) Damages in excess of $10,000,000 for trespass to the person and property of the plaintiffs.
(e) Damages in excess of $10,000,000 for defamation of character.
(f) $10,000,000 in punitive and exemplary damages.
(g) Costs.
(h) Interest at the rate of 6 per cent per annum under the provisions of the Law Reform (Miscellaneous Provisions) Act, Chapter 6:02.