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OHANUGO
V.
SOUTH AFRICAN AIRWAYS

(2017) JELR 37452 (CA)

Court of Appeal 8 Dec 2017 Nigeria
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- This is an appeal against a judgment of the Federal High Court in Lagos. - The appellant booked a flight with the respondent to travel to South Africa to watch a football match. - The flight was delayed from July 2nd to the night of July

Case Details

Suit Number:CA/L/994/2014
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Counsel:Olu Arotiba Esq., with him, A. Olamepo (Miss) For Appellant F.A. Dalley, with him, O.A Olude For Respondent

JAMILU YAMMAMA TUKUR, J.C.A.(Delivering the Leading judgment): This is an appeal against the judgment of the Federal High Court Lagos Division in Suit No. FHC/IKJ/CS/134/10 delivered on 10th November, 2013, by Honourable Justice I.N Buba in favour of the Respondent.

The material facts grounding this appeal are that the Appellant in a bid to travel to South Africa on 2nd July, 2010, ostensibly to watch a football match on 3rd July, 2010, a match for which he had already bought a ticket which cost him $200 (Two Hundred Dollars), booked a flight with the Respondent. The flight was however delayed from 2nd July to the night of 3rd July, 2010. Acting on the belief that the conduct of the Respondent constituted a breach of the agreement between them, instituted an action before the lower Court vide a Writ of Summons dated 9th December, 2010, claiming the following reliefs:

a. The sum of $5,200 (Five Thousand, Two Hundred Dollars) or its Nigerian equivalent on the date of the judgment in this …

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