CaseLaw
British Airways V. Atoyebi (2014) CLR 6(e) SC.
Judgement delivered on June, 13th 2014
Brief
Facts
The respondent, a Senior Advocate of Nigeria, flew first class on the appellant's flight from London Heathrow Airport on Sunday 7th May 2000, arriving in Lagos in the early hours of Monday 8th May 2000. On 7th May 2000, at the boarding gate in London a staff member of the appellant informed the respondent that one of the pieces of hand baggage he intended to take onto the flight was in excess of the weight allowed for hand luggage. He left the bag with the staff of the appellant to be checked into the aircraft’s hold which was tagged; subsequently, the respondent was given the appropriate baggage tag.
His bag did not arrive with the flight he boarded which prompted him to return to the airport twice from 8th – 10th of May respectively based on the information given to him that his bag had been traced at the London airport and would be sent to Lagos without delay.
The bag was not released by the appellant insisting that the bag will be brought to Lagos despite the fact that the respondent had given a written authority to his personal assistant in London to collect the bag. If failed to do so.
The respondent was advised to travel to London to collect the bag personally upon failure to arrive and his refusal to state the content of the bag due to its sensitivity (containing valuables and cash).
He found his bag intact upon his arrival in London on the 10th of May when he was met and taken to a large room containing many unshipped belonging to Nigerians by a member staff of the plaintiff.
The respondent wrote a letter on 11th May to the appellant seeking compensation for the manner he was treated that resulted in losses incurred by him. The appellant on 25th May responded and offered the sum of E508.48. However; the respondent was dissatisfied with the offer instituted an action against the appellant claiming general and special damages for gross negligence and wilful misconduct before the Federal High Court, Lagos. The trial court found in favour of the respondent.
The appellant appealed to the Court of Appeal where the judgment of the trial court was affirmed. This is a further appeal to this court.
Issues
Whether or not the learned Justices of the Court of Appeal were right in...