(2014) JELR 39895 (CA)    

Court of Appeal  ·  CA/L/1241/2010 ·  11 Apr 2014 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
montreal convention
learned trial judge
limitation of liability
special damages
civil aviation act
general damages
breach of contract of carriage
grounds of appeal
breach of its contract of carriage
lower court
sum of us
valid reason
cost of the alternative arrangement
breach of the contract of carriage
order of this court
provisions of article
alternative provision
applicable law
confirmed reservation
electronic ticket
following issues
international flight amounts
legal cost
legal fees
payment of n10
refund of the money
relevant case law
said ticket exhibit
validity of the issued ticket
17th day of december
a. a. augie jca
absolute right
amended statement of claim
american airlines
american airlines tickets
conditions of carriage of passengers
emirates conditions of carriage
leading judgment
lengthy arguments
light of the trial court
notice of appeal

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of Archibong J of the Federal High Court Lagos Division delivered on 15/11/10 wherein the learned trial Judge held inter alia that the Appellant's refusal to carry the Respondent in its aircraft from Dallas to Lagos on the 17th day of December 2007 amounted to a breach of its contract of carriage with the Respondent and that no limitation of liability applied to the contract.

The Respondent as Plaintiff on 7/5/07 bought the appellant's airline ticket (electronic) for the sum of US $2,067 (Two thousand and sixty seven dollars) to enable her travel from Dallas - Houston -Dubai- Lagos and back. The Respondent alleged that the said ticket exhibit "PM2" was duly confirmed and had on its face the inscription "17 Dec Ok". When the respondent turned up at the airport to travel on 17/12/07, the Appellant denied her boarding and made no alternative provision for her carriage.

The respondent'…

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