A. B. WALI, JSC (Delivering the Leading Judgment): By a Writ of Summons filed in the Lagos High Court, the plaintiff Mr. Joseph Ibidapo claims against the defendant, Lufthansa Airlines as follows:-
"The plaintiff's claim is for negligence in the care and custody of plaintiff's baggage containing an IBM typewriter delivered to the defendant at Lagos for delivery in Frankfurt-Germany but which said baggage remains undelivered despite repeated demands. The plaintiff also claims in the alternative against the defendant as bailees for reward for non-delivery of their baggage and in the further alternative on contract. The plaintiff also claim damages for loss of use of his typewriter."
Parties filed and exchanged pleadings in which issues were joined. The most relevant of the plaintiff's Statement of Claim are paragraphs 13-18 which I reproduce hereunder.
13. The defendant was at all material times under a duty as a bailee for reward to re-deliver the plaintiff's baggage and despite repe…