AWAWU OLULU OTOAKHIA V. AERO CONTRACTOR NIGERIA LIMITED

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice J.O. Okeaya-Inneh of the Edo State High Court, Benin Judicial Division delivered on the 19th of May, 2010.

The facts giving rise to this appeal as can be garnered from the records are as follows:

The appellant as plaintiff at the Lower Court filed an action, by way of a writ of summons, dated the 23rd of July, 2008. The appellant, in her evidence before the Lower Court, narrated that she procured a return ticket No.LB 041681E for Benin - Lagos - Benin flight, from the defendants/respondents on the 7th of April, 2008. On the 8th of April, 2008, she was to travel from the Lagos airport to Benin airport, but instead, the appellant was taken to Warri, contrary to the agreement contained in her ticket and boarding pass. Consequently, the appellant incurred costs and suffered damages, having missed all her engagements and appointments in Benin City on that day.

Wherefore she cla…