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CaseLaw

Cameroon Airlines V. Otutuizu (2011) CLR 2(e) (SC)

Judgement delivered on February 4th 2011

Brief

  • Parties to an action
  • Award of damages
  • Brief of argument
  • Aviation matter
  • Liability of carrier
  • Ticket
  • Warsaw Convention 1955 (as amended)
  • Breach of contract
  • Federal High Court
  • Special damages
  • Cross examination
  • Averment in pleadings
  • Unchallenged evidence

Facts

The respondent is a business man. He had a business appointment in Manzini Swaziland, and so he went to the appellant's office at Oko Awo Close, Victoria Island, Lagos. There he was told that the appellant flies to Manzini, Swaziland. Two tickets exhibits A and B were sold to the respondent by agents of the appellant. The tickets were routed as follows: Exhibit A - Lagos to Doula. Cameroon to Harare, Zimbabwe, return on the same route to Lagos. Exhibit B - Harare, Zimbabwe to Manzini, Swaziland, and back to Harare.

The respondent purchased both tickets for the sum of 923 (United States Dollars). According to exhibits A and B the flight was scheduled to depart Lagos on 27/2/96 to Manzini, Swaziland by way of Cameroon, Zimbabwe. On arrival in Zimbabwe, the appellant was kept in the transit hall and the next morning flown to Johannesburg South Africa, instead to Manzini, Swaziland. On arrival in Johannesburg, the respondent was arrested and his personal effects and briefcase containing $20,000.00 removed from him and never returned to him. He was deported to Zimbabwe where he spent seven days in jail before he was flown to Nigeria...

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