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OKWUDILI ANOZIE & ORS EMIRATES AIRLINES

(2023) JELR 111406 (CA)

Court of Appeal  •  CA/ABJ/CV/807/2020  •  17 Mar 2023  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA UGOCHUKWU A. OGAKWU JCA DANLAMI ZAMA SENCHI JCA

Appearances
1st Plaintiff present; C. I. Nkpe Esq., for the Appellant; M. O. Dedon Esq., with B. Bamigbola Esq., for the Respondent.

Judgement

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja delivered on 5th May, 2020, in Suit No: FCT/ABJ/0368/2017. The appellant as claimant instituted this action at the trial court and claimed against the Respondent as Defendant all the five reliefs as per the Statement of Claim, thus:

1. The sum of USD$7,149.19 which is the equivalent of the N1,429,383.00 at the then prevailing exchange of N200 to USD$1, paid by the plaintiffs to the Defendant for the unused flight tickets for their cancelled Abuja to Hong Kong trip.

2. The sum of USD$2,352.81 paid by the plaintiffs as fare difference following their change of travel date for which the sum of N870,540.87 was charged on the 1st plaintiff's ATM card linked to his Guaranty Trust Bank account number 0022750029.

3. Interest of 22%, per annum on the USD$7,149.19 and USD$2,352.81 from the 26th of August 2016, when refund thereof became due…

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