Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



VIRGIN ATLANTIC AIRWAYS
V.
AMARAN

(2018) JELR 38916 (CA)    

Court of Appeal  ·  CA/L/159/2017 ·  29 Jun 2018 ·  Nigeria
CORAM
YARGATA BYENCHIT NIMPAR JCA UGOCHUKWU ANTHONY OGAKWU JCA JAMILU YAMMAMA TUKUR JCA

Ratio Decidendi

Core Terms Beta
judgment of the federal high court
warsaw convention
lone issue
international carriage
cross appeal
following award
civil aviation act cap
sole ground of appeal
montreal convention
breach of contract
said law
notice of appeal
virtue of article
leading judgment
appellant conditions of carriage
limitations of the applicable convention
view of repeals
favour of the respondent
case of passenger delay
laws of the federation of nigeria
convention
cross purposes
applicable laws
unification of certain rules
appellant
reliefs state
contract of carriage
due trial
claims of the plaintiff
respondent
ground of appeal
federal high court
appeal
number of issues
general damages
specific provision
rules of court
wrong law
learned trial judge
brief of argument
repealed law
international conventions

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Lagos, coram C. J. Aneke, J delivered on the 30th November, 2016 in suit No: FHC/L/CS/50/2012 wherein judgment was entered for the Respondent and the Court pronounced the following award:

i. The sum of ₦216,000.00 (Two Hundred and Sixteen Thousand Naira) paid for return journey from London to Accra on the e-ticket;

ii. 21% interest per annum on the said ₦216,000.00 from the 2th November, 2011 to 30/11/2016

iii. 65,000 Francs

iv. the Plaintiff is entitled to the cost of ₦100,000.00 (one Hundred Thousand Naira) against the Defendant.

v. 10% interest per annum is awarded on the judgment debt

vi. all other claims of the plaintiff are hereby dismissed.

Dissatisfied with the judgment, the Appellant filed a Notice of Appeal on the 23/1/2017 and dated same day setting out a sole ground of Appeal.

The Respondent as Plaintiff took out a writ against the Appellant c…

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