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ALHAJI ADEBAYO AZEEZ V. LUFTHANSA GERMAN AIRLINE

(2014) JELR 40165 (CA)

Court of Appeal  •  CA/L/821/2008  •  7 Mar 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Appearances
Nasiru Tijani Esq. For Appellant L. Fubara Anga Esq. with George Gom Esq. and Ibifubara Berenibara Esq. For Respondent

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of R. N. Ukeje J. of the Federal High court, Lagos, in suit No FHC/L/CS/842/2000 delivered on the 5th day of December 2007. In the suit the Appellant as Plaintiff in his amended statement of claim dated 29/01/02 claimed the following reliefs:

(a) "The sum of ?11,700.00 (Eleven Thousand seven Hundred Pound 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, Plaintiff sustained losses and suffered severe stress and trauma in the hands of the Defendant.

(b) Cost of this action."

The facts leading to the institution of the suit are as follows: on 28/9/09, the Appellant Mr. Adebayo Azeez through Goggins Travel Limited as part of a group of business peopl…

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