NEWS

Air France to pay Couple N500,000 Over ‘breach of contract’

For allegedly breaching a contract entered into,a Federal High Court sitting in Lagos has ordered Air France to pay N500,000 as damages to a Lagos State High Court judge, Mrs Beatrice Adesuwa  Oke Lawal and her husband, Chief Bayo Lawal.

Justice Saliu Saidu gave the order in a suit filed on behalf of the plaintiffs  against the Airline by Folabi Kuti, from the law firm of Osaro Egbobamien, SAN

In the suit, the couple claimed the sum of N30million as compensation for loss and delay in delivery of its luggage as well as  anguish and mental distress it suffered as a result of the contract breach.

In a statement of claim filed  and argued before the court, the plaintiffs alleged that they boarded the defendant’s passenger aircraft, Flight AF3849 from Lagos to Paris on July 23, 2015 and, then, from Paris to Florence on Flight AF1066.

Upon embarking in Lagos, they duly checked in a total of three pieces of Registered Luggage with the Airline, two belonging to the Judge, whilst the remaining one contained personal effects of the husband and other valuables.

However, at the point of disembarking on arrival in Italy on July 24, 2015, only two pieces of luggage belonging to the Judge were delivered. Chief Lawal discovered that his own luggage was lost or had been converted by staff of the airline. The airline authorities were immediately alerted.

The following day a staff of the airline brought a luggage to their hotel, but it turned out to be that of some other person. This staff left,promising to return the next day with the correct luggage.

Thereafter on July 26, 2015 they departed to Florence, Paris and further to London. The Judge checked in two pieces of luggage but upon arrival in London on the same day it was discovered, much to Mrs Lawal’s shock that the airline had failed to deliver her luggages. A formal complaint was subsequently lodged with the airline.

Subsequently, a smaller luggage was deliver to the Judge three days later in Kent while the larger suitcase was delivered five days after.

On July 29, 2015, Chief Lawal averred that he was contacted by an unidentified person on the internet, claiming to be in possession of his luggage.

It was assumed that this individual had apparently broken into his luggage, and was able to orally identify the contents thereof including his iPad, and sensitive drug medication.

He then advised the individual to return the luggage to the airline. Thereafter, he informed the airline about this development. Nonetheless the airline has not been able to deliver his luggage. In spite of the complaints about the action of the Air France, his luggage was not found.

Consequently, the plaintiffs sued Air France  claiming general damages in the sum of N30 million and 2,871 British pounds sterling for the lost of luggage and content thereof, and compensation for the mental anguish and mental distress they have suffered.

They also urged the court to declare that Air France was negligent, and its action amounts to a breach of contract of carriage by air, and willful misconduct.

In support of the plaintiffs case, the plaintiffs called Chief Bayo Lawal as the only witness, who testified and tendered seven exhibits.

However, in response to the plaintiffs statement of claim, the defendant filed statement of defence through their counsel, Ogunyemi Olanrewaju, and in prove of their defence called one witness, one Helen Onomerike who testified and tendered nine exhibits.

Justice Saidu, in his judgement after appraising the submission of the two parties  said: “The provisions of section 22(2) of the Montreal Convention 1999, is very clear; the damages arising from loss or delay of luggage is limited to 1,000 Special Drawing Right. Where the words of statute are clear, plain and unambiguous, recourse to preamble, title, context and purpose will not be necessary.

“It is part of the evidence of the plaintiffs that they carried out some actions in seeing to the recovery of their baggage. These actions of the plaintiffs will definitely incure additional expenses in the course trying to locate their luggage.

“The defendant having admitted that it lost Chief Bayo Lawal’s luggage and delayed the delivery of Justice Oke Lawal’s luggage, l give judgement in favour of the plaintiffs as follows:

“That the defendant is liable for loss and delay of the plaintiffs Luggage and the defendant is to pay the plaintiffs 1,000 Special Drawing Right each.

“General damages in the sum of N500,000 only in favour of the plaintiffs.”

At the point of embarkation in Lagos, they duly checked in a total of three pieces of Registered Luggage with the Airline, two belonging to the Judge, whilst the remaining one contained personal effects of the husband and other valuables.

Monday Ashibogwu

Monday Michaels Ashibogwu is Editor-In-Chief of QUICK NEWS AFRICA, one of Nigeria's leading online news service.

Related Articles

Back to top button
error: Content is protected !!
Verified by MonsterInsights