Facts:

The respondent, Mr. Otutuizu, is a Nigerian Business man and the plaintiff in the trial court. He instituted an action against the appellant an international airline operating in Nigeria. His claim is that he bought two passenger travel tickets. By these tickets, the appellant airline had contracted to fly Mr. Otutuizu, to Manzini, a town in Swaziland, with stopovers at Doula in Cameroon and Harare in Zimbabwe. This is not disputed as the travel route accepted by both parties Lagos – Doula – Harare – Manzini – Harare- Doula-Lagos. The flight took off from Lagos on 22nd February, 1996. As scheduled, the airline took off the next day with respondent from Harare with a view to proceeding to Manzini in Swaziland. However Mr. Otutuizu, was flown to Johannesburg, South Africa, where being without the necessary entry documents, was arrested and detained.

Following his arrest and detention by the South African authorities,