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(1997) JELR 45483 (SC)    

Supreme Court  ·  SC.238/1994 ·  4 Apr 1997 ·  Nigeria
Other Citations
Ibidapo v. Lufthansa Airlines (1997) 4 NWLR (Pt.498) 124 (1997) All N.L.R 88
Ibidapo v. Lufthansa Airlines (1997) 4 NWLR (Pt. 498) 124
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
warsaw convention
trust territories
revised edition
existing law
international carriage
first schedule
laws of the federation of nigeria
unification of certain rules
1st october
force of law
court of appeal
learned president of the court of appeal
protectorate of nigeria
government of nigeria
particulars of breach of duty
constitution of the federal republic of nigeria
federal republic of nigeria
said order
virtue of article
air transport
contractual obligation
following cases
high court
learned trial judge
meaning of section
passenger air-ticket
provision of the warsaw convention
said baggage
such common carrier
trial of this action
united states
appeal fails
custody of plaintiff
disposing of the point of law
forseeable act
government of united kingdom
ground of appeal
imperial order
lagos high court
plaintiff mr. joseph ibidapo claims
said action
terms of other devolution agreements

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…

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