Ahmed Rabiu, a passenger of Virgin Atlantic Airways, has told the Federal High Court in Lagos that the airline has neither compensated him for his lost luggage nor replaced it, contrary to the airline’s claims.
In his response to Virgin Atlantic Airways’ Statement of Defence, Rabiu argued that his lawsuit is valid and well-founded, as the airline has not denied that his luggage was lost while on their flight.
The airline, in its defense, claimed that the inability to locate Rabiu’s luggage was due to his failure to provide sufficient information on the Property Irregularity Form after reporting the loss. The airline further denied Rabiu’s allegations of fraud, negligence, and recklessness by its staff or agents.
Rabiu, a security expert, took the airline to court over the breach of contract and loss of luggage during a flight from London to Lagos on September 24, 2024. He is seeking $4,000 for the value of the lost items and N20 million in damages for the distress, inconvenience, and legal costs incurred in attempting to recover his luggage.
In an affidavit supporting his suit, Rabiu stated that after undergoing security checks, he boarded flight CNY3JV from London Heathrow to Murtala Muhammed Airport in Lagos, with his luggage properly checked in. Upon arrival in Lagos, he waited at the baggage carousel, but while all other passengers collected their luggage, his was missing.
Rabiu claimed he immediately informed the airline’s staff on the ground and filled out a Loss of Baggage Form as instructed, but his luggage was neither returned nor replaced, and he was not compensated for the contents.
He further claimed that after the loss of his luggage, his lawyers sent a demand letter to the airline, requesting either the return of his luggage or compensation for its contents. Rabiu argued that the airline’s failure to deliver his luggage, despite his paid ticket, constitutes a significant breach of contract.
Rabiu described the airline’s Statement of Defence as dilatory, vexatious, and a deliberate attempt to avoid liability, despite its alleged negligence.
In response, Virgin Atlantic Airways asserted that Rabiu is not entitled to N20 million in damages, and if found liable, its liability would be limited under the Montreal Convention 1999, incorporated into Nigeria’s Civil Aviation Act 2023.
Justice Alexander Owoeye has set the next hearing for March 7, 2025.
