Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



HARKA AIR SERVICES (NIGERIA) LTD.
V.
KEAZOR

(2011) JELR 44121 (SC)    

Supreme Court  ·  SC.262/2005 ·  17 Jun 2011 ·  Nigeria
CORAM
WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC BODE RHODES-VIVOUR JSC

Ratio Decidendi

Core Terms Beta
willful misconduct
lower court
respondent
trial court
warsaw convention
damages
favour of the respondent
court of appeal
foreign currency
general damages
lower courts
learned justices of the court of appeal
definition of willful misconduct
liability of the carrier
decision of the trial court
federal high court
j.s.c
learned trial judge
provision of article
trial
willful misconduct of the appellant
part of the appellant
united states dollars
defendant's aircraft
federal high court lagos
finding of willful misconduct
instant appeal
interim report
appellate courts
background facts of this case
commercial airlines
following terms
f. supp
harka air services nigeria limited
issue of law
leading judgment
limitation of its liability
national currency
paragraph of his statement of claim
points of law
provision of the carriage
related causes of action
respondent's brief raises issues
said aircraft
such definition
such evidence
sufficient evidence of willful misconduct
trial court show
trust territories order

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C (Delivering the Leading Judgment): In the writ of summons issued at the Federal High Court Lagos, Emeka Keazor as plaintiff, claimed against the defendant, Harka Air Services Nigeria Limited as follows:-

1) The sum of $5,000,000.00 (Five Million United States Dollars) being compensation and damages arising from the 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.

2) Interest at the rate of 21% from the 24th day of June 1995 until judgment and thereafter at the rate of 10% per annum until final payment.

In the twelve paragraph of his statement of claim filed on the 1st of February, 1996, the plaintiff pleaded his Particulars of Special Damage

Loss of checked in luggage $5,000

Loss of baggage carried $2,000

Filing fees $1,000

Expenses incurred up to filing action $30,000

$38,000

The background facts of this case are that on the 24th o…

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