Nigeria: Lawyer Sues Ethiopian Airlines Over Missing Luggage

The alleged insensitivity of the management of Ethiopian Airlines to consumers' plight has caused an Abuja based legal practitioner, Aikhunegbe Anthony Malik, to file a N16.8 million suit before a Federal High Court, Abuja against the company over alleged breach of contract and missing of luggage.

In action filed by Mr. Malik in suit no CS/Abuja/, the lawyer, who claimed to have travelled with the Airline from United Arab Emirates, UAE to Nigeria on September 10, 2012, was asking for the payment of N16, 882, 500 million as general, aggravated and exemplary damages against the company for his inability to get his luggages as and when due.

According to him, he travelled with the Airlines from UAE with two different luggages weighing 20 kg each, which were properly tagged, but on his arrival in Abuja, his last destination, he couldn't lay his hands on one of the luggages as it got missing, until after 11 days after he had suffered so much discomfort, pain, and also made repayment for several goods, he bought for his friends who was getting married.

To this end, the plaintiff was praying the court for an order among others declaring that the Airline owes him a duty as a customer by virtue of contract of carriage between him and the company, "to deliver promptly to the Plaintiff at his final destination the two bags (luggage) which he checked into the Defendant's operated flight,"

He also want the court to declare "that the act or action of the Defendant in refusing, failing or neglecting to deliver to the Plaintiff his luggage 11 days after same was accepted by the Defendant and checked-into the Defendant's operated flight, is disrespectful, dishonourable, un-dignifying, discourteous, condemnable, primitive, wicked, inconsiderate, insensitive and a breach of the contract of carriage between the Plaintiff and the Defendant."

He was therefore asking for payment of damages in the sum of N16, 882, 500 million as general, aggravated and exemplary damages covering "the extra money expended by the Plaintiff to replace some items, to wit, school shoes, bags and lunch boxes for his children, contained in his luggage which was held over for Eleven (11) days by the Defendant, N315, 000, representing the money given out by the Plaintiff to his friend for the two suits and wedding rings.

Others are N5, 000,000.000, as general damages for the alleged unjustifiable breach of the contract of carriage of goods and N10 Million on the footing of aggravated and exemplary damages; and N1,500 million, being the cost of prosecuting the case.