The Federal High Court in Lagos has ordered British Airways to pay a Nigerian passenger, Mr. Stephen Osho, N53 million in compensation for breach of contract and unfair treatment.
The court found that the airline failed to deliver Osho’s checked baggage on Flight BA307 from Paris to London on December 2, 2022, thereby violating its obligations under the international contract of carriage.
The court ruled that British Airways’ negligence led to Osho suffering undue hardship, inconvenience, and financial loss.
British Airways argued that Osho was responsible for his predicament and urged the court to dismiss the claim, suggesting that any cost granted should not exceed N60,000. However, the court dismissed this argument as baseless and inconsistent with the evidence.
Justice Ibrahim Kala the judge emphasized that British Airways failed to prove that Osho contributed to the loss of his luggage and could not exonerate itself from responsibility.
The court held that British Airways failed to discharge the burden of proof to absolve itself of liability, thereby entitling Osho to substantial damages.
This judgment may set a precedent for similar cases involving airline passengers and breach of contract. The ruling shows the importance of airlines taking responsibility for passengers’ luggage and providing adequate compensation in cases of loss or damage
