The Federal High Court in Lagos has fixed February 27 for the hearing of a suit filed by a security expert, Alhaji Ahmed Rabiu, against Virgin Atlantic Airways over allegations of breach of contract and the loss of his luggage on board its London to Lagos flight on September 24, 2024.
The court, who had initially fixed Monday for the hearing of the suit, adjourned the case due to the absence of Justice Alexander Owoeye, who was said to be attending an official function outside the state.
In the suit, Rabiu is demanding the sums of $4,000 for the value of the items contained in the Plaintiff’s stolen luggage and N20 million as damages for the distress, inconvenience and solicitors’ fees incurred in the course of recovering the luggage.
In an affidavit filed in support of the suit, the passenger averred that he boarded flight No. CNY3JV from London-Heathrow, United Kingdom, to Murtala Mohammed Airport in Lagos after undergoing rigorous security checks; he was properly checked in, along with his tagged prime luggage, by the Defendant’s operational staff.
But after the plane landed in Lagos he waited at the conveyor belt from the moment the baggage carousel was activated until it was switched off and that while every other passenger on the Defendant’s flight picked their luggage and left except him who became devastated.
The plaintiff also maintained that he immediately informed the Defendant’s staff on ground and he was given the Defendant’s Loss of Baggage Form to fill out and submit, which he did immediately, but that the airline neither gave the Plaintiff his luggage nor replaced the same or better still, pay for the value of the contents of his luggage.
The Plaintiff claimed that he was devastated by the fraudulent action of the Defendant’s relevant operational staff or recklessness or negligence of same, which led to the disappearance of his newly bought bag used to warehouse all Plaintiff’s purchases in London and properly received and tagged in an accident- free flight which landed in Lagos on schedule.
He further stated that the Defendant’s failure to deliver his luggage to him upon arrival in Lagos after straining his finances to purchase the Defendant’s flight ticket was a huge breach of contract.
Ahmed also claimed that upon the theft and loss of his luggage, he caused his lawyers to write the Defendant a demand letter requesting the luggage or payment for the contents of the luggage.
The Plaintiff alleged that the defendant did not respond to the letter, and his lawyer, yet again, sent a reminder letter to Defendant, which, again, was not responded to.
He insisted that he had suffered anomous economic losses and emotional distress and that it is in the interest of justice that the court grant his claims.
The Plaintiff also averred, “there was neither accident nor armed robbery on the plane from London-Heathrow to Lagos Nigeria and there no reason why the Plaintiff’s prime luggage could no longer be found upon arrival in Lagos.
“The Plaintiff’s luggage was at all material times at the care and control of the Defendant’s staff, who ought to exercise maximum care on the Plaintiff’s luggage
“The theft and loss of the Plaintiff’s luggage under the Defendant’s custody has caused significant inconvenience and distress, and the contents of the said luggage were precious valuables purchased from Zara stores, Mark and Spencer, Diesel jeans outfit, Primark, Calvin Klein, Puma and AC & Co for the Plaintiff’s use, his five male children, family and friends as well as valuable gift items for the Plaintiff’s Boss and colleagues in the office valued over £4000 (Four thousand Pounds). The Plaintiff shall rely on the Loss of Baggage Form showing the loss of the Plaintiff’s luggage.
Virgin Atlantic Airways had not responded to the suit and was not present in court or represented by a lawyer on Monday.
