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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 15/11/2007 dismissing the appellant's appeal for want of prosecution and affirming the judgment of the Federal High Court sitting at Lagos delivered on 25/9/2003 in favour of the respondent.
The dispute between the appellant and the respondent arose from an alleged breach of a contract for international carriage by air. The respondent purchased two tickets from the appellant on 21/9//999 for a combined journey which was routed as follows: LAGOS - AMSTERDAM - LONDON - MILAN AMSTERDAM - LAGOS. The first leg of the journey from Lagos through to Milan went without a hitch. However, on her return journey she alleged that she was prevented from boarding the Milan - Amsterdam flight and instead, after several hours of delay, was put on an Alitalia flight from Milan direct to Lagos. As a result she missed some important b…