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 nor was his lost luggage replaced.
Rabiu, who made this claim in his reply to Virgin Atlantic Airways’ statement of defence, also stated that his suit is meritorious and well-founded since the defendant has not denied that he lost his luggage aboard its airline.
In its defence, the airline blamed its inability to trace and locate the plaintiff’s luggage on his failure to provide adequate information on the ‘property irregularity form’ given to him after he reported the loss.
The defendant also stated in his statement of defence that the plaintiff’s allegations of fraud, recklessness and negligence of the airline, her staff or her agents are false.
The plaintiff, who is a security expert, had dragged Virgin Atlantic Airways before the court over allegations of breach of contract and the loss of his luggage on board its London to Lagos flight on September 24, 2024.
In the suit, Rabiu is demanding the sums 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 Mohammed Airport in Lagos after undergoing rigorous security checks; he was properly checked in, along with his tagged prime luggage, by the defendant’s operational staff.
But after the plane landed in Lagos, he waited at the conveyor belt from the moment the baggage carousel was activated until it was switched off, and every other passenger on the defendant’s flight picked up their luggage and left except him.
The plaintiff also maintained that he immediately informed the defendant’s staff on the ground and he was given the defendant’s loss of baggage form to fill and submit, which he did immediately, but that the airline neither gave him his luggage nor replaced the same or better still, pay for the value of the contents of his luggage.
The defendant, in its statement of defence, submitted that the plaintiff is not entitled to N20 million as damages, and in the unlikely event that it is found liable in this suit, its liability, if any, shall be as provided in the Montreal Convention 1999, which has been entrenched in the Nigerian Civil Aviation Act, 2023.
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