Cameroon Airlines Vs Mr. Mike E. Otutuizu (2011)
LAWGLOBAL HUB Lead Judgment Report
BODE RHODES-VIVOUR, J.S.C
The Respondent as plaintiff sued the appellant, as defendant in the Federal High Court, Lagos Division, claiming in paragraph 15 of his statement of claim thus:
- WHEREFORE the plaintiff claims the sum of N5, 000,000.00 (Five Million Naira) from the Defendant being general and special damages as follows:
(A) SPECIAL DAMAGES:
Particulars of special damages:
(i) Cost of ticket i.e. 923 US Dollars or its Naira equivalent N80.000.00
(ii) The sum of 20,000.00 US Dollars or its Naira equivalent, removed from the Defendant and unrefunded till date …N1,800,000 00
(iii) Cost of sundry personal effect removed by the Defendant from Plaintiff N200, 000.00
(B) General Damages – N1.920.000 00
Total – N5, 000,000 00
The Plaintiff save evidence in support of his case and tendered three exhibits, viz Exhibits A and B, airline tickets issued by the Defendant. Exhibit C. receipt for foreign currency, $20,000 00
An employee of the defendant gave evidence for the defendant.
In a considered judgment delivered on the 23rd of June 2000, the learned trial judge, Sanyaolu J. (as he then was) concluded thus:
“In conclusion, I hereby enter judgment for the Plaintiff against the Defendant in the sum of N580, 000 00 (Five Hundred and Eighty Thousand Naira) made up as follows:
i. N8 0,000.00 being the cost of ticket
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