UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Lagos Division delivered by Honourable Justice D. D. Abutu on the 11th of December, 2006.
The facts briefly stated are as follows;
The Respondent purchased an airline ticket from the Appellant, wherein the Appellant contracted to transport the Respondent by air from Lagos to Hong Kong via France on the 4th of July, 1997. Whilst aboard, the Appellant's aircraft flight AF 755 from Lagos to Paris, the Respondent alleged that while she was seated and asleep a heavy object fell from the luggage compartment on her head from which she sustained injury. She, therefore, brought this suit at the lower court whereof she claimed as follows:-
1. The sum of $280,000 US dollars as damages for bodily injuries, pain and suffering sustained by the Plaintiff caused by the gross negligence of the Defendant whilst aboard its flight AF 755 on the 4th of July, 1997 from Lagos to Hong …