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'…