OGUNBIYI, JCA (Delivering the Leading Judgment): In a writ of summon dated 9th November, 1995 and statement of claim dated 1st February, 1996 the plaintiff now respondent claimed against the defendant now appellant the sum of $5,000,000 (five million United States Dollars) being compensation and damages arising from lost luggages and personal effects and injuries sustained by the plaintiff on board the defendant's aircraft which crash landed in Lagos on the 24th day of June, 1995. In addition to this the plaintiff further claimed interest at the rate of 21% from the said 24th day of June, 1995, until judgment and thereafter at the rate of 10% per annum until final payment.
Upon an order of the lower court for pleadings on the 29th January, 1996, the plaintiff filed a 14 paragraphs statement of claim dated 1st February, 1996, and which same was duly served on the defendant on the 2nd day of February, 1996. The defendant on its part did not see it necessary to file any statement of defe…