BRITISH AIRWAYS V. MR. P. O. ATOYEBI

SAULAWA JCA (Delivering the Lead Judgment): The present appeal is a fallout of the judgment of the Federal High Court, Lagos Judicial Division, holden at Lagos, which was delivered by the Hon. Justice G. C. Okeke, on 2 April 2008 in favour of the respondent, against the appellant.

By virtue of the record of appeal, transmitted to this court on 18 November 2008 vide the appellant’s learned counsel, the facts and circumstances surrounding the case, leading to the instant appeal, are not far-fetched. The respondent, a Senior Advocate of Nigeria (SAN), was a first class passenger on board the appellant’s flight No. BA 295, en route London Heathrow Airport to Lagos, on Sunday, 7 May 2000. He was a regular first class and indeed a prestigious member of the appellant’s executive club, with a membership card No. 21887768. On 7 May 2000 in question, the respondent had two pieces of hand baggage. At the airport’s boarding gate in London, a staff of the appellant accosted the respondent, tagg…