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JOSEPH IBIDAPO V. LUFTHANSA AIRLINES

(1997) JELR 45483 (SC)

Supreme Court  •  SC.238/1994  •  4 Apr 1997  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Olisa Agbakoba, Esq For Appellant Chief Olusiji A. Soetan For Respondent

Judgement
<p><strong>A. B. WALI, JSC (Delivering the Leading Judgment):</strong> By a Writ of Summons filed in the Lagos High Court, the plaintiff Mr. Joseph Ibidapo claims against the defendant, Lufthansa Airlines as follows:- </p><p> &quot;The plaintiff&#x27;s claim is for negligence in the care and custody of plaintiff&#x27;s baggage containing an IBM typewriter delivered to the defendant at Lagos for delivery in Frankfurt-Germany but which said baggage remains undelivered despite repeated demands. The plaintiff also claims in the alternative against the defendant as bailees for reward for non-delivery of their baggage and in the further alternative on contract. The plaintiff also claim damages for loss of use of his typewriter.&quot; </p><p> Parties filed and exchanged pleadings in which issues were joined. The most relevant of the plaintiff&#x27;s Statement of Claim are paragraphs 13-18 which I reproduce hereunder.</p><p> 13. The defendant was at all material times under a duty as a bailee for reward to re-deliver the plaintiff&#x27;s baggage and despite repeโ€ฆ</p>

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