A passenger on Virgin Atlantic Airways, Alhaji Ahmed Rabiu, has told a Federal High Court in Lagos that, contrary to the airline’s claims, he was neither compensated for his lost luggage nor was it replaced.
Rabiu made this statement in his response to Virgin Atlantic Airways’ defense, asserting that his lawsuit is valid and well-founded.
He argued that the airline has not denied that his luggage was lost during their flight.
In its defense, the airline stated that it was unable to locate the plaintiff’s luggage due to his failure to provide sufficient information on the Property Irregularity Form he completed after reporting the loss.
The airline also denied the plaintiff’s allegations of fraud, recklessness, and negligence by the airline, its staff, or agents.
Rabiu, a security expert, had taken legal action against Virgin Atlantic Airways over a breach of contract and the loss of his luggage during a London-to-Lagos flight on September 24, 2024.
In the lawsuit, Rabiu is seeking $4,000 for the value of the items in his lost luggage and N20 million in damages for the distress, inconvenience, and legal fees incurred while trying to recover the luggage.
In an affidavit supporting his case, Rabiu explained that he boarded flight No. CNY3JV from London Heathrow to Murtala Muhammed Airport in Lagos after undergoing rigorous security checks. He was checked in properly, and his luggage was tagged by the airline’s staff.
However, upon arrival in Lagos, he waited at the baggage carousel from the moment it started operating until it was switched off, but his luggage did not appear. All other passengers had collected their luggage and left.
Rabiu immediately informed the airline’s ground staff, who gave him a Loss of Baggage Form to fill out, which he did promptly.
Despite this, the airline neither returned his luggage nor replaced it or compensated him for its value.
Rabiu further claimed that after the loss of his luggage, his lawyers sent the airline a demand letter, requesting either the return of the luggage or compensation for its contents.
He also argued that the airline’s failure to deliver his luggage after he had paid for the flight ticket was a significant breach of contract.
The plaintiff stated that the defendant’s defense is dilatory, vexatious, and a deliberate attempt to avoid liability despite the airline’s negligence or recklessness.
In its defense, the airline argued that Rabiu is not entitled to N20 million in damages. It further stated that if it is found liable, its liability, if any, will be limited as outlined in the Montreal Convention of 1999, which is part of the Nigerian Civil Aviation Act, 2023.
Justice Alexander Owoeye has scheduled the hearing of the suit for March 7.
