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Fortune Int’l Bank Plc v. Pegasus Trading Office & 2 Ors
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1 × ₦300
₦300
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Sometime in 2007, the appellant bought an Emirates Airlines’ (respondent) f light ticket to enable her travel from Texas, USA to Lagos, Nigeria and back. Between the date the ticket was purchased and the scheduled flight date, the respondent confirmed to the appellant the ticket and the flight schedule three times. However, on the flight date and notwithstanding the strong confirmations from the respondent, the appellant was denied boarding without any reason. She was later told that the ticket had been cancelled. She was embarrassed and stressfully inconvenienced for two days by the respondent’s action who neither provided alternative arrangement nor accommodation and feeding, leaving the appellant stranded. No apology was rendered. As a result the appellant at extra cost had to purchase another ticket from American Airlines to enable her travel.
Aggrieved, the appellant instituted an action against the respondent at the Federal High Court. At the conclusion of hearing, the trial Court granted judgment in favour of the appellant. It awarded general damages in the sum of N2.5 Million to cover for the inconvenience and embarrassment caused by the respondent and also ordered for a ticket refund. Dissatisfied, the respondent appealed to the Court of Appeal. The lower Court allowed the appeal by overruling the trial Court on its award of general damages after ordering for ticket refund as it amounted to double compensation which is contrary to the Montreal Convention.
Dissatisfied, the appellant appealed to the Supreme Court.