South African Airways V. Mr. Augustine Obi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIMA CENTUS NWEZE J.C.A. (Delivering the Leading Judgment)

The respondent herein (as plaintiff) took out a writ of Summons accompanied by a Statement of Claim against the appellant herein (as defendant) at the Federal High Court, Lagos Judicial Division. He sought the following reliefs against the defendant:

a. That the Defendant be compelled to deliver to him his two boxes intact with his goods as promised by the Defendant in Sao Paulo, Brazil.

b. Alternatively, the Plaintiff specially claims:

i. The sum of US$37,266.66 being the purchase price of goods

ii. The sum of US$18,633.13 being the profit margin after sale of goods in Nigeria.

c. Thus a total of US$55,899.39 or its equivalent N6,812,405.

d. The plaintiff also claims 21% interest from September, 2001 until judgment is delivered”.

Pleadings were settled and exchanged after which the suit proceeded to trial. The plaintiff testified in proof of his case. He tendered the following documentary exhibits “1”. Miscellaneous charges (Receipt), pages 91-94 of the records and exhibit “2”. Property Irregularity Report, page 1 and document in foreign language, page 2, contained on pages 95-99 of the records. The defended fielded one witness who was examined in-chief; cross-examined and re-examined. Parties adopted their final written address. In its judgment, the lower court (Abutu J as he then was) found in favour of the plaintiff, hence, the defendant’s appeal.

FACTUAL BACKGROUND

The plaintiff’s case, at the lower court, was that on September 20, 2001, he embarked on an international air travel. He flew from Sao Paulo, Brazil, to Lagos, Nigeria, on board the defendant’s aircraft. He checked in his baggage of five items. He was required to pay for excess luggage. He made payment for extra charges. The said payment is evidenced in exhibit 1, page 158 of the records. Once he arrived at his destination, Lagos, Nigeria, on September 21, 2001, he found out that two items were missing from his luggage of five items.

He, promptly, filed a Property Irregularity Report, page 1, exhibit 2. The defendant (now appellant) did not respond. He, thus, instructed his solicitors who, allegedly, addressed a letter to the defendant. As nothing came out of the letter, he recommended the suit at the Lagos Division of the Federal High Court for the recovery of the value of the two missing items. He alleged that the two missing bags contained jewelry and that he declared the value of the jewelry to the defendant.

Under cross-examination, the Defendant’s sole witness established the following facts:

a. The Miscellaneous Charges Order (Exhibit 1) is a receipt given in acknowledgment of the payment made for excess baggage.