IYIZOBA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of R. N. Ukeje J. of the Federal High Court of Lagos, in suit No. FHC/L/CS/842/2000, delivered on 5 December 2007. In the suit, the appellant as the plaintiff in his amended statement of claim dated 29 January 2002, claimed the following reliefs:
“The sum of 11,700.00 (eleven thousand, seven hundred pounds sterling) or its naira equivalent as damages for breach of contract of carriage entered into with the defendant on 28 and 29 September 1999 with the defendant, its servants or agents, in consequence of which the defendant refused to transport the plaintiff as contracted, and as a result, the plaintiff sustained losses and suffered severe stress and trauma in the hands of the defendant. Cost of this action.”
The facts leading to the institution of the suit are as follows: On 28 September 2009, the appellant, Mr. Adebayo Azeez through Goggins Travel Limited as part of a group of business people travelli…