The Federal High Court in Lagos has ordered British Airways to pay N50 million in damages to a Nigerian passenger, Mr. Stephen Osho, for breach of contract of carriage and unfair treatment.
Delivering judgment, Justice Ibrahim Kala held that Osho proved the airline failed to meet its obligations under an international contract of carriage after he fully paid for a service that was not provided.
The court ruled that the airline’s conduct caused the passenger undue hardship, inconvenience, and financial loss.
British Airways, in its defence, argued that Osho was responsible for his predicament and urged the court to limit any award to N60,000. The court, however, dismissed the claim as untenable.
In addition to the N50 million awarded as general damages, the court ordered the airline to pay N3 million as costs, citing litigation expenses, legal representation, summons fees, the length of the proceedings, and the depreciation of the naira.
Justice Kala based the decision on the Montreal Convention, 1999, as domesticated in Nigeria’s Civil Aviation Act, which allows compensatory relief for proven losses but prohibits punitive damages.
