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CAMEROON AIRLINES v. MIKE OTUTUIZU

(2004) JELR 45070 (CA)

Court of Appeal  •  CA/L/19/2001  •  22 Jun 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; PIUS OLAYIWOLA ADEREMI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

M.D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This judgment relates to an appeal and a cross-appeal in respect of the decision of the Federal High Court, Lagos Division in suit No. FHC/1/CS/332/96 delivered on 23rd June, 2000. The respondent/cross-appellant was the plaintiff at the court of trial while appellant/cross-respondent was the defendant. The facts of the case which are hardly in dispute are hereunder supplied.

From his statement of claim and evidence, respondent/cross-appellant's case is that he bought from the appellant/cross-respondent, an airline, two passenger tickets, exhibits A and B. By these tickets, appellant had contracted to fly the respondent/cross-appellant to Manzini Swaziland with stopovers at Doula in Cameroon and Harare in Zimbabwe. It is not in dispute that the routes in respondent's journey as agreed by the two parties in exhibit A and exhibit B were to be Lagos - Doula - Harare - Manzini - Harare-Doula-Lagos. Appellant Airline took off from La…

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