Missing Luggage: Court Orders Emirates Airlines To Pay Nigerian $1.36m, N50m

A Federal High Court in Lagos yesterday ordered Emirates
Airlines to pay $1.36million to a businessman Mr Orji Prince Ikem
being the amount contained in his hand luggage which went missing
in the airline’s custody during a 2007 China trip. 

Justice Muslim Hassan also ordered Emirates Airlines to pay Ikem
N50million as damages for the “untold hardship and loss of earning”
he suffered by the deprivation of use of his money from 2007 till
date.

The judgment followed the plaintiff’s nearly 12 years battle to
recover two hand luggage containing personal effects and $700,000,
as well as $930,000 in 18 bundles of $50,000 wraps each and $30,000
cash not in wrap. 

The court heard that the $930,000 belonged to another
businessman, Olisaemeka Ugwunze, who wanted it delivered in China
for purchases. 

The plaintiff told the court through his counsel, Chris
Ekemezie, that at the departure lounge of the Murtala Muhammad
International Airport Ikeja, Emirates Airlines staff requested that
he handed the luggage to them for safe keeping in the cockpit, but
he refused and insisted on keeping them himself. 

They insisted on keeping the luggage for him considering the
huge amount of money contained therein and that on arrival
destination, the two bags would be handed over to him. 

After a prolonged argument and in order not to miss his flight
he yielded and handed over the two hand carry-on bags to them, and
they were tagged with tag numbers EK428682 and EK428683
respectively. 

That was the last time he saw the bags and the money. On his
arrival in Guangzhou, the airline could not account for his four
luggage. 

Ruling on the plaintiff’s prayers for the return of his $1.36m
and N100m general damages, Justice Hassan observed that the
airline, through its counsel Prof Awah Kalu SAN, failed to refute
Ikem’s claims. 

The judge held: “I  have read all the processes filed by
both parties as well as their agreements and resolved that the only
issue for determination is whether the plaintiff is entitled to the
reliefs sought before this court. 

“A claim not controverted is deemed admitted, in this case the
defendants did not call witness but rather rests it case on that of
the plaintiff which mean that all what the plaintiff claimed and
their pleadings are admitted. 

“I hold that Emirate Airlines failed in his obligations to
customer by not delivering the luggage containing the sum of $1.36m
.

“On the whole I hereby make the following orders; An order that
Emirates Airlines pay the plaintiff the sum of $1.36m.

“An order that the defendant pay the sum of fifty million Naira
(N50m) to the defendant as damages. 

“Parties shall bear their own respective costs

A Federal High Court in Lagos yesterday ordered Emirates
Airlines to pay $1.36million to a businessman Mr Orji Prince Ikem
being the amount contained in his hand luggage which went missing
in the airline’s custody during a 2007 China trip. 

Justice Muslim Hassan also ordered Emirates Airlines to pay Ikem
N50million as damages for the “untold hardship and loss of earning”
he suffered by the deprivation of use of his money from 2007 till
date.

The judgment followed the plaintiff’s nearly 12 years battle to
recover two hand luggage containing personal effects and $700,000,
as well as $930,000 in 18 bundles of $50,000 wraps each and $30,000
cash not in wrap. 

The court heard that the $930,000 belonged to another
businessman, Olisaemeka Ugwunze, who wanted it delivered in China
for purchases. 

The plaintiff told the court through his counsel, Chris
Ekemezie, that at the departure lounge of the Murtala Muhammad
International Airport Ikeja, Emirates Airlines staff requested that
he handed the luggage to them for safe keeping in the cockpit, but
he refused and insisted on keeping them himself. 

They insisted on keeping the luggage for him considering the
huge amount of money contained therein and that on arrival
destination, the two bags would be handed over to him. 

After a prolonged argument and in order not to miss his flight
he yielded and handed over the two hand carry-on bags to them, and
they were tagged with tag numbers EK428682 and EK428683
respectively. 

That was the last time he saw the bags and the money. On his
arrival in Guangzhou, the airline could not account for his four
luggage. 

Ruling on the plaintiff’s prayers for the return of his $1.36m
and N100m general damages, Justice Hassan observed that the
airline, through its counsel Prof Awah Kalu SAN, failed to refute
Ikem’s claims. 

The judge held: “I  have read all the processes filed by
both parties as well as their agreements and resolved that the only
issue for determination is whether the plaintiff is entitled to the
reliefs sought before this court. 

“A claim not controverted is deemed admitted, in this case the
defendants did not call witness but rather rests it case on that of
the plaintiff which mean that all what the plaintiff claimed and
their pleadings are admitted. 

“I hold that Emirate Airlines failed in his obligations to
customer by not delivering the luggage containing the sum of $1.36m
.

“On the whole I hereby make the following orders; An order that
Emirates Airlines pay the plaintiff the sum of $1.36m.

“An order that the defendant pay the sum of fifty million Naira
(N50m) to the defendant as damages. 

“Parties shall bear their own respective costs