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HARKA AIR SERVICES (NIG.) LIMITED V. KEAZOR ESQ.

(2011) JELR 44121 (SC)

Supreme Court  •  SC.262/2005  •  17 Jun 2011  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC JOHN AFOLABI FABIYI JSC OLUFUNLOLA OYELOLA ADEKEYE JSC BODE RHODES-VIVOUR JSC

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C (Delivering the Leading Judgment): In the writ of summons issued at the Federal High Court Lagos, Emeka Keazor as plaintiff, claimed against the defendant, Harka Air Services Nigeria Limited as follows:-

1) The sum of $5,000,000.00 (Five Million United States Dollars) being compensation and damages arising from the lost luggages and personal effects and injuries sustained by the plaintiff on board the defendant's aircraft which crash landed in Lagos on the 24th day of June, 1995.

2) Interest at the rate of 21% from the 24th day of June 1995 until judgment and thereafter at the rate of 10% per annum until final payment.

In the twelve paragraph of his statement of claim filed on the 1st of February, 1996, the plaintiff pleaded his Particulars of Special Damage

Loss of checked in luggage $5,000

Loss of baggage carried $2,000

Filing fees $1,000

Expenses incurred up to filing action $30,000

$38,000

The background facts of this case are that on the 24th o…

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