ADEBUKUNOLA ADEOTI BANJOKO, JCA (Delivering the Leading Judgment): This Appeal is against the Judgment delivered by Honorable Justice I.E EKWO of the Federal High Court, Abuja on the 5th Day of October, 2021 in Suit No FHC/ABJ/CV /136/2022, contained at Pages 323-343 of the Record of Appeal, filed on the 9th Day of February, 2022.
The Brief facts of the Case that gave rise to this Appeal were that, the Respondent had entered into a Two-Way Air Carriage Contract with the Appellant. It was agreed that the Appellant would transport the Respondent by air, from Lagos Nigeria to Accra Ghana on the 11th March 2013, and back to Lagos, Nigeria on the 16th of March 2013. The Appellant had transported the Respondent to Accra Ghana from Lagos as scheduled, but could not carry the Appellant back from Accra to Lagos, on the scheduled return date, which made the Respondent suffer damages.
The Respondent's Case is that he had to sell off his Two Mobile Phones and borrow the Sum of $100 Dollars in orde…