VIRGIN ATLANTIC AIRWAYS V. MRS. FRANCISCA PABLO-AMARAN

OBANDE FESTUS OGBUINYA, JSC (Delivering the Leading Judgment): This appeal probes into the rightness of the decision of the Court of Appeal, Lagos (hereunder addressed as “the lower court”), coram judice: Y. B. Nimpar, U. A. Ogakwu and J. Y. Tukur, JJCA, in appeal No. CA/L/159/2017, delivered on the 29th June, 2018. In its decision, the lower court affirmed the decision of the Federal High Court, Lagos (the trial court), in Suit No. FHC/L/CS/50/2012,delivered on the 30th November, 2016, wherein C. J. Aneke, J. granted the respondent’s claim.

The synopses of the material facts of the case, which transmuted into the appeal, are quite incompatible with complexity. On the 6th October, 2011, the respondent, a frequent flyer and a gold card carrying member of the appellant’s flying club, booked, with her infant son, Jason Pablo-Amaran, the appellant’s flight, an upper class return ticket, from Accra to London for the sum ofN434,000 (Four Hundred and Thirty-Four Thousand Naira Only).The respo…