Honourable Justice Onome Umukoro of the Delta State High Court has once again delivered a landmark judgement against a travel agency over refusal to be bound by the terms of agreement which clearly states;
Failure to procure a working permit for the client after necessary requirements are met, the agency shall make a refund to the client.”
It was on this basis that the Claimant Mrs NDUBUISI ADAOBI CELESTINA through her lawyer, Habeeb Lawal approached the court.
Delivering the judgement, Justice Marshal ordered the defendants to refund the said sum as agreed.
So many Nigerians have been defrauded by some of these travel agency in the guise of procuring Visas for them.
Here’s a sneak peek into the laudable well considered judgement. Justice Umukoro in his judgment stated that
While this instant suit is not one filed for the review of the denial/refusal of the visa application of the Claimant, her husband and her son, the Defendants did not exhibit the actual applications and supporting documents they made to the Canadian Government on behalf of the Claimant, her husband and their son so this Court cannot speculate as to the contents or the subject of the visa applications.
Was it a work permit that was applied for by the Defendants on behalf of the Claimant, her husband and son or a visitor’s visa? If it was a visitor’s visa that was eventually applied for by the Defendants on behalf of the Claimant, her husband and her son, was that decision made upon the agreement of the parties or it was a unilateral decision taken by the Defendants and was in the best interest of the Claimant, her husband and her son?
The emails sent to the Claimant and her husband by the Canadian Government made reference to the inadequacy of their assets and financial situation required to support their stated purpose of travel. Did the Defendants not properly advise the Claimant as to the required assets and substance of the financial situation required to support their stated purpose of travel?
No document showing the assets and financial situation of the Claimants as required by the Canadian Government was placed before this Court to see if the requirements were indeed met. I say so because while the above is the reason given by the Canadian Government for the refusal/denial of the visa application, the Defendants stated that it was their inability to provide satisfactory bank statement or financial record that resulted in the denial of the visa application which is not the fault of the Defendant and that the Claimant and her husband during interview and capturing of biometrics at the Canadian Embassy, Abuja could not provide salient and vital information to the Embassy which resulted in the denial of the application on the ground that the Embassy is not satisfied that they will leave Canada at the end of their stay and not having a legitimate business purpose which reasons were clearly stated in Exhibit B attached to the Claimant’s Affidavit.
It is also not clear if the Defendants were present during the said interview and biometrics capturing of the Claimant and her family for them to be able to know that the Claimant and her husband did not give satisfactory information as required by the Canadian Government.
He further stated that;
Exhibit C is a screen shot of the WhatsApp conversation between the husband of the Claimant and the 2nd Defendant as MD Fesmoor Favour. It states as follows: “Hello sir, to be frank with you the way things are going am (sic) not happy at all, because if you revisit our agreement which we made on the 5th day of May, 2023. you requested for the sum of N7,125, 000 for work permit visa service for my family, and you asked that we pay a 70% down payment of N4,987,500, and 30% balance to be paid once the working permit visa is out.
Legally, this means both parties are bound by these written terms, and any oral agreements or other documents like Exhibit AF1that contradict these terms cannot be considered.
I shall therefore answer the first question in the affirmative. Since that is the case, it is my considered view that the Claimant is entitled to a refund as per paragraph 7 of the Travelling Agreement. Judgemnt is therefore entered as follows:
1) A DECLARATION IS HEREBY MADE that by virtue of provisions of the Travelling Agreement made on the 5th day of May, 2023 between Ndubuisi Adaobi Celestina and Fesmoor Global Limited, particularly Article 7 thereof, the Claimant is entitled to a refund of the sum of money paid to the Defendants to process or procure working permit visas for Ndubuisi Adaobi Celestina (the Claimant)2) AN ORDER IS HEREBY MADE DIRECTING AND COMPELLING the Defendants by themselves, agents, servants, privies, surrogates, staff or any persons acting through them to immediately pay to the Claimant the sum of Four Million, Nine Hundred and Eighty Seven Thousand, Five Hundred Naira Only (N4,987,500) representing the 70% part-payment made by the Claimant to the Defendants to process or procure working permit visas for Ndubuisi Adaobi Celestina (the Claimant)3) N5M IS HEREBY AWARDED AS COST OF THIS ACTION.This shall be the judgment of this Court.SignedHON. JUSTICE ONOME MARSHAL-UMUKORO
2ND APRIL, 2025.
