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> "The plaintiff's claim is for negligence in the care and custody of plaintiff'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." </p><p> Parties filed and exchanged pleadings in which issues were joined. The most relevant of the plaintiff'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's baggage and despite repeโฆ</p>