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EGYPT AIRLINE v. ADAMOU BALLA ABDOULAYE

(2017) JELR 37365 (CA)

Court of Appeal  •  CA/K/540/2014  •  14 Jun 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA; AMINA AUDI WAMBAI JCA;

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): The appeal here is over the judgment of the Federal High Court Kano in a suit involving a missing luggage. The Respondent Adamou Balla Abdoulaye a businessman resident in Hausawa Quarters, Kano bought a return ticket to Guangzhou, China from the Appellant, Egypt Air. The Respondent travelled on 9/1/13 from Kano to China via Cairo and returned to Kano on 20/1/13. On his return, two bags that he checked in in China did not arrive. He complained about their non-arrival personally, by e-mail and through his Solicitor. On 9/2/13 the Appellant replied to the complaints and in doing so requested the Respondent's permission to remove some dangerous items from the bags. Surprised at the request, the Respondent nevertheless gave his permission. Eventually, only one of the two missing bags was returned to the Respondent. Upset by that development, the Respondent sued the Appellant at the lower Court and claimed as follows: -

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