By Jerry Uwah
Lagos
Hearing in a suit by a Lagos High Court judge, Mrs. Oke Lawal, against Air France airline, over breach of contract, has been fixed for May 12, 2016, by a Federal High Court in Lagos.
Justice Lawal alongside her husband, Chief Bayo Lawal, had sued Air France-KLM claiming the sum of N30 million as damages for breach of contract of carriage by air.
The plaintiffs are claiming the sum as compensation for anguish and mental distress they both suffered as a result of the breach of the contract.
When the case was called yesterday, Mr. Afolabi Kuti announced appearance for the plaintiff, while Mr. Sylvester Elema announced appearance for the defendant.
Counsel to the defendant in affirming the position, then prayed the court for a further adjournment to enable parties conclude settlement talks.
Consequently, Justice Saidu adjourned the case to May 12, for either report of settlement or trial.
In their statements of claim, the plaintiffs alleged that they boarded the defendants’ aircraft, Flight AF3849 from Lagos to Paris on 23 July, 2015, and then from Paris to Florence on Flight AF1066.
They averred that in Lagos, they duly checked in a total of three pieces of Registered Luggage with the Airline, two belonging to the Judge, while the remaining one contained personal effects of the husband.
They averred that at the point of disembarking on arrival in Italy on 24 July 2015, only two pieces belonging to the Judge were delivered.
They said Chief Lawal discovered that his own luggage was lost or had been converted by servants of the Airline working in the course of their employment and that the airline was immediately alerted.
According to the plaintiff, the following day, a staff of the Airline brought a luggage to their hotel, but the wrongly tagged luggage was not his own.
“Consequently, the staff left with the baggage with a promise that he will do everything possible to deliver his luggage as soon as possible,” the plaintiff said.
It was assumed that this individual had apparently broken into his luggage, and was able to identify its contents including his iPad, and sensitive drug medication.
The plaintiffs are therefore, claiming general damages in the sum of N30 million and 2.9 pounds sterling for the lost luggage and content.
