In the case of HARKA AIR SERVICE (NIG) LTD V. EMEKA KEAZOR Esq (2011) 13 NWLR Part 1264 p. 320 at p. 364, the Supreme Court, per Rhodes-Vivour JSC gave the following view on what constitutes willful misconduct: “Willful misconduct is a deliberate wrongful act by a pilot, airline staff or its agent, which gives rise to a claim for damages by passengers. When a staff of an airline acts with reckless indifference, such unacceptable behavior especially by a professional person amounts to willful misconduct.”
MEANING OF WILLFUL MISCONDUCT
Horabin V. British Airways Corpn. (1952) 2 ALL ER 1016 @ 1020 B – D, the term ‘wilful misconduct’ was explained thus: “In order to establish wilful misconduct, the plaintiff must satisfy you that the person who did the act knew at the time that he was doing something wrong, and yet did it, notwithstanding, or alternatively, that he did it quite recklessly, not caring whether he was doing the right thing or the wrong thing, quite regardless of the effects of what he was doing on the safety of the aircraft and of the passengers for which and for whom he was responsible… The element of wilfulness is essential in the present case if the plaintiff is to recover more than the E3,000 odd to which he is admittedly entitled.”