Lawyer in private practice and an associate of leading Ghanaian law firm, Sam Okudzeto and Associates, Esther Addai, together with his brother, Isaac Addai, have filed an action against KLM Royal Dutch Airlines and Ethiopian Airlines for a breach of a contract of Carriage to Canada they entered into with the two Airlines.
The two separate actions were filed with the registry of the General Jurisdiction High Court on Friday, 15 May 2026. The Writ of Summons for both actions was signed by Ms. Diana Asonaba Dapaah, Lawyer for the Plaintiffs.
KLM
The plaintiffs in the action against KLM argue that on 3 October 2025, they purchased valid tickets for their trip from Accra to Toronto, Canada, on KLM to attend the 2025 International Bar Association (IBA) conference.
Their flight to Toronto was scheduled to depart Accra on 28 October 2025, and their return flight was scheduled for 9 November 2025. The Plaintiffs also indicate that they have valid Ghanaian passports and Canadian Temporary Resident Visas.
When they presented themselves on 28 October 2025 and during check-in at the Accra International Airport, KLM officials asked them to step aside from the queue and demanded their travel documents, accommodation reservations, proof of registration for the IBA conference, and proof of occupation.
The plaintiffs noted that they complied with the same and were subjected to 2 hours of interrogation regarding their visa application process, educational and family backgrounds, among other matters.
An inquiry into why they were subjected to such humiliation at the airport by KLM officials reveals that they were going through the process because their visas had been issued two years prior, and they were only now using them for the first time, and that some travelers get to Amsterdam and seek asylum, and so the process they were taking them through was to prevent such a development.
After this interrogation, KLM officials informed the plaintiffs that they had confirmed their suspicion and denied the applicants the right to board the KLM flight, claiming that their visas required “re-validation” before they could be admitted.
“This unfortunate conclusion by KLM officials came without any explanation, or documentary evidence of cancellation or invalidity, despite the Plaintiffs’ repeated requests.
“By failing to board them and transport them to their destination, KLM was in breach of the terms of the contract of carriage, which provided that the Plaintiffs would be transported to their destination upon payment of the requisite fee and compliance with boarding requirements.
“The refusal by KLM officials to board them, based on an alleged requirement of visa ‘re-validation’, has no basis under Canadian, Ghanaian, or any other immigration law and constitutes a breach of the contract of carriage between the Plaintiffs and KLM,” the statement of claim of the plaintiffs read.
*Ethiopian Airlines*
The plaintiffs in the action against Ethiopian Airlines argue that on 30 October 2025, they purchased valid tickets for their trip from Accra to Toronto, Canada, on KLM to attend the 2025 International Bar Association (IBA) conference.
Their flight to Toronto was scheduled to depart Accra on 30 October 2025, and their return flight on 9 November 2025. The Plaintiffs also indicate that they have valid Ghanaian passports and Canadian Temporary Resident Visas.
They indicate that they were successfully transported to Addis Ababa, but were refused onward carriage to Canada by Officials of Ethiopian Airlines on the basis that their passports had been flagged by the Immigration, Refugees and Citizenship Canada (IRCC).
“Following these incidents, the Plaintiffs contacted IRCC on or around 31 October 2025, asking about updates on the supposed “re-validation” process. The IRCC subsequently confirmed by email dated 4 February 2026 that the visas in question were “valid for travel,” confirming the lack of basis on the part of Ethiopian Airlines to truncate the contract of carriage and deport them.
“The Plaintiffs contend that under Canadian immigration law, a Temporary Resident Visa remains valid until its expiry date unless it is formally canceled or revoked by the issuing authority.
“The Plaintiffs aver that Ethiopian Airlines validated and boarded them at the Accra International Airport on those same travel documents Ethiopian Airlines had purported to re-validate in Addis Ababa.
“The Plaintiffs say that had the officials of Ethiopian Airlines diligently conducted their checks, they would have identified the alleged “flagging” of their passports, preventing further embarrassment at Addis Ababa and their deportation to Accra,” the statement of claim of the plaintiffs read in part.
Reliefs sought
To this end, the plaintiffs are seeking 10 forms of relief from each of the two airlines. Among others, they seek “a declaration that the refusal by KLM and Ethiopian Airlines to board and carry the Plaintiffs to the contracted destination, Canada, was wrongful, unlawful, and in breach of contract of carriage.”
“An order directed at KLM and Ethiopian Airlines to issue a written apology to the Plaintiffs for subjecting them to such stress, embarrassment, and trauma.”
The plaintiffs also want a refund of the cost of their KLM and Ethiopian Airlines tickets, recovery of the loss of non-refundable IBA Conference registration fees, cost of pre-booked accommodation in Toronto valued at $1,804.26, and general damages of GHc 5,000,000.00 for each of the two plaintiffs.
