The Federal High Court in Lagos has fixed November 22 for hearing in a suit filed by a security expert, Alhaji Ahmed Rabiu, against Virgin Atlantic Airways over alleged breach of contract and loss of his luggage on a London–Lagos flight.
The case, earlier scheduled for hearing on Wednesday, was adjourned following the absence of the trial judge, Justice Alexander Owoeye, who was attending a conference outside Lagos.
Rabiu is demanding $4,000 as compensation for the value of items lost in his luggage and N20 million in damages for distress, inconvenience, and legal costs allegedly incurred while trying to recover his belongings.
He claimed the incident occurred on September 24, 2024, during his flight from London Heathrow to Murtala Mohammed Airport, Lagos, aboard Virgin Atlantic flight No. CNY3JV.
In his statement of claim, Rabiu said he was properly checked in, and his luggage was duly tagged by the airline’s operational staff. However, upon arrival in Lagos, he said he waited at the baggage carousel until all other passengers had collected their luggage and left, but his never arrived.
The plaintiff said he immediately reported the missing luggage to the airline’s ground staff, filled out a Property Irregularity Form, and submitted it as instructed.
According to him, despite several follow-ups and a formal demand letter from his lawyers, Virgin Atlantic neither returned his luggage nor compensated him for its value.
Rabiu accused the airline of negligence and breach of contract, arguing that its failure to deliver his luggage amounted to a violation of the terms of carriage.
“The defendant’s conduct has caused me severe distress and financial loss after I strained my finances to purchase their flight ticket,” he said in his affidavit.
He also described the airline’s statement of defence as “dilatory, vexatious, and a deliberate attempt to evade liability.”
In its response, Virgin Atlantic denied wrongdoing, arguing that its inability to locate the plaintiff’s luggage was due to his failure to provide adequate information on the Property Irregularity Form.
The airline maintained that allegations of fraud, recklessness, and negligence against it and its staff were unfounded.
The carrier further argued that the plaintiff’s demand for N20 million in damages was excessive, adding that in the unlikely event it was found liable, compensation would be limited to the provisions of the Montreal Convention 1999, as incorporated into Nigeria’s Civil Aviation Act, 2023.
The court is expected to take arguments from both sides when the matter resumes on November 22.
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