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UTA FRENCH AIRLINES v. MRS. MARIE FATAYI-WILLIAMS

(2000) JELR 43947 (CA)

Court of Appeal  •  CA/L/10/97  •  30 Mar 2000  •  Nigeria

Coram
GOERGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

SANUSI, J.C.A. (Delivering the Leading Judgment): On 27th February, 1992 the respondent as plaintiff at the lower Court instituted suit No.LD/592/92 before the Lagos High Court claiming damages of N52, 785.00 (Fifty two thousand seven hundred and eighty five Naira) from the defendant who is the appellant in this appeal for the latter's wilful misconduct for losing her luggage and its content in flight No.UT 861 which she boarded from Charles de Gaulle Airport to Murtala Mohammed Airport Lagos on 2/3/90.

The Lagos State High Court (Coram Akinsanya J.) on 6th December, 1992 ruled that it no longer had jurisdiction to entertain such matter by virtue of the provisions of Federal High Court (Amendment) Decree No. 60 of 1991. The learned trial Judge remitted the said suit to the Lagos State Chief Judge for further directives. The Honourable Chief Judge in his opinion felt that the matter should not be transferred to the Federal High Court which then had jurisdiction to adjudicate in the mat…

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