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MR. ERNEST C. OHANUGO V. SOUTH AFRICAN AIRWAYS

(2017) JELR 37452 (CA)

Court of Appeal  •  CA/L/994/2014  •  8 Dec 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JAMILU YAMMAMA TUKUR, J.C.A.(Delivering the Leading judgment): This is an appeal against the judgment of the Federal High Court Lagos Division in Suit No. FHC/IKJ/CS/134/10 delivered on 10th November, 2013, by Honourable Justice I.N Buba in favour of the Respondent.

The material facts grounding this appeal are that the Appellant in a bid to travel to South Africa on 2nd July, 2010, ostensibly to watch a football match on 3rd July, 2010, a match for which he had already bought a ticket which cost him $200 (Two Hundred Dollars), booked a flight with the Respondent. The flight was however delayed from 2nd July to the night of 3rd July, 2010. Acting on the belief that the conduct of the Respondent constituted a breach of the agreement between them, instituted an action before the lower Court vide a Writ of Summons dated 9th December, 2010, claiming the following reliefs:

a. The sum of $5,200 (Five Thousand, Two Hundred Dollars) or its Nigerian equivalent on the date of the judgment in this …

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