Passenger Sues Virgin Atlantic Over Lost Luggage, Alleged Breach Of Contract

A security expert, Alhaji Ahmed Rabiu has dragged Virgin Atlantic Airways before the Federal High Court in Lagos over alleged breach of contract and loss of his luggage on board its London to Lagos flight on September 24, 2024.

Rabiu is also demanding the sum of $4,000 for the value of the items contained in the stolen luggage and N20 million as damages for the distress, inconvenience and solicitors’ fees incurred in the course of recovering the luggage.

In an affidavit filed in support of the suit, the passenger averred that he boarded flight No. CNY3JV from London-Heathrow, United Kingdom to Murtala Muhammed Airport in Lagos after undergoing rigorous security checks.

He narrated that he was properly checked in, along with his tagged prime luggage by the Defendant’s operational staff.

He explained that he waited at the conveyor belt from the moment the baggage carousel was activated until it was switched off after the plane landed in Lagos, adding that every other passenger on the Defendant’s flight picked their luggages and left except him who became devastated.

The plaintiff also maintained that he immediately informed the Defendant’s staff on ground and he was given the the Loss of Baggage Form to fill out and submit, which he did immediately, but that the airline neither gave the him his luggage nor replaced the same or better still, pay for the value of the contents of his luggage.

The Plaintiff claimed that he was devastated by the alleged fraudulent action of the Defendant’s operational staff or recklessness or negligence of same, which led to the disappearance of his newly bought bag used to warehouse all purchases in London and properly received and tagged in an accident-free flight which landed in Lagos on schedule.

He further stated that the airline’s failure to deliver his luggage to him upon arrival in Lagos after straining his finances to purchase the its flight ticket was a huge breach of contract.

Ahmed also claimed that upon the theft and loss of his luggage, he caused his lawyers to write the Virgin Atlantic to demand for the luggage or payment for its contents.

He added that the airline did not respond to the letter even as his lawyer sent a reminder letter which the airline ignored without response.

The plaintiff insisted that he had suffered enormous economic losses and emotional distress, pleading that it is in the interest of justice for the court to grant his claims.

“There was neither accident nor armed robbery on the plane from London-Heathrow to Lagos, Nigeria and there no reason why the plaintiff’s prime luggage could no longer be found upon arrival in Lagos.

“The Plaintiff’s luggage was at all material times at the care and control of the Defendant’s staff, who ought to exercise maximum care on the Plaintiff’s luggage

“The theft and loss of the Plaintiff’s luggage under the Defendant’s custody has caused significant inconvenience and distress, and the contents of the said luggage were precious valuables purchased from Zara stores, Mark and Spencer, Diesel jeans outfit, Primark, Calvin Klein, Puma and AC & Co for the Plaintiff’s use, his five male children, family and friends as well as valuable gift items for the plaintiff’s boss and colleagues in the office valued over £4000 (Four thousand Pounds).

“The Plaintiff shall rely on the Loss of Baggage Form showing the loss of the Plaintiff’s luggage.

Virgin Atlantic Airways has not responded to the suit even as Justice Alexander Owoeye has fixed February 10 for the hearing of the case.