Passenger sues Virgin Atlantic over lost luggage, breach of contract

Virgin Atlantic

A security expert, Alhaji Ahmed Rabiu, has dragged Virgin Atlantic Airways before the Federal High Court in Lagos for an alleged breach of contract and the loss of his luggage on board its London to Lagos flight on September 24, 2024.

Rabiu is demanding the sum of $4,000 for the value of the items contained in his stolen luggage and N20 million as damages for the distress, inconvenience, and solicitor’s fees incurred in the course of recovering the luggage.

In an affidavit filed in support of the suit, the passenger averred that he boarded flight No. CNY3JV from London-Heathrow, United Kingdom, to Murtala Mohammed International Airport in Lagos after undergoing rigorous security checks.

He swore that he was properly checked in, along with his tagged prime luggage, by the defendant’s operational staff.

But when the plane landed in Lagos, he waited at the conveyor belt from the moment the baggage carousel was activated until it was switched off without seeing his luggage, while every other passenger on the defendant’s flight picked up their luggage and left, except him. He became devastated.

The plaintiff also maintained that he immediately informed the defendant’s staff on the ground and was given a Loss of Baggage Form to fill out and submit, which he did immediately. However, the airline neither gave the plaintiff his luggage nor replaced it, nor paid for the value of the contents of his luggage.

The plaintiff claimed that he was devastated by the action of the defendant’s relevant operational staff or recklessness or negligence of the same, which led to the disappearance of his newly bought bag used to store all his purchases in London. His luggage was properly received and tagged in an accident-free flight, which landed in Lagos on schedule.

He further stated that the defendant’s failure to deliver his luggage to him upon arrival in Lagos, after straining his finances to purchase the flight ticket, was a huge breach of contract.

Rabiu also claimed that upon the theft and loss of his luggage, he caused his lawyers to write the defendant a demand letter requesting the luggage or payment for the contents of the luggage.

The plaintiff alleged that the defendant did not respond to the letter, and his lawyer, yet again, sent a reminder letter, which again, was not responded to.

He insisted that he had suffered enormous economic losses and emotional distress and that it is in the interest of justice that the court grants his claims.

 

The plaintiff also averred, “There was neither an accident nor armed robbery on the plane from London-Heathrow to Lagos, Nigeria, and there is no reason why the plaintiff’s prime luggage could no longer be found upon arrival in Lagos.

“The plaintiff’s luggage was at all material times under the care and control of the defendant’s staff, who ought to exercise maximum care over the plaintiff’s luggage.

“The theft and loss of the plaintiff’s luggage under the defendant’s custody has caused significant inconvenience and distress, and the contents of the said luggage were precious valuables purchased from Zara stores, Marks and Spencer, Diesel jeans outfit, Primark, Calvin Klein, Puma, and AC & Co for the plaintiff’s use, his five male children, family and friends, as well as valuable gift items for the plaintiff’s boss and colleagues in the office, valued over £4,000. The plaintiff shall rely on the Loss of Baggage Form showing the loss of the plaintiff’s luggage.”

Virgin Atlantic Airways had not responded to the suit.

Justice Alexander Owoeye has fixed February 10 for the hearing of the case.

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