Justice Ibrahim Kala of the Federal High Court, Lagos, has ordered British Airways to pay N50 million in damages to a Nigerian passenger, Mr. Stephen Osho, for breach of contract of carriage and unfair treatment.
Delivering judgment, Justice Kala held that Osho successfully proved that the airline violated its obligations under the international contract of carriage when it failed to provide the service for which he had fully paid.
The court found that the passenger suffered undue hardship, inconvenience, and financial loss as a result of British Airways’ conduct.
In its defence, British Airways argued that Osho was responsible for his own predicament and urged the court not to award compensation.
Counsel for the airline further contended that, if any costs were granted, they should not exceed N60,000.
The court dismissed the argument as untenable in light of the facts before it.
Consequently, Justice Kala awarded N50 million in general damages against British Airways in favour of Osho.
The court further awarded N3 million as costs of the action, citing the expenses incurred, the protracted duration of the case, legal representation, summons fees, and the declining value of the naira.
The court based its decision on the Montreal Convention, 1999, as domesticated under the Nigerian Civil Aviation Act, which regulates claims arising from international air carriage.
While the Convention prohibits punitive or exemplary damages, it permits compensatory relief where passengers prove actual losses.
FROM THISDAYLIVE.COM
