Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

The Federal High Court in Lagos, presided over by Justice Ibrahim Kala, has ordered British Airways to pay a Nigerian passenger,
Mr. Stephen Osho, the sum of N53 million in total compensation for the loss of his checked-in baggage
and the unfair treatment he suffered during his travel experience.

The ruling awarded N50 million as general damages and an additional N3 million as the cost of the action,
bringing the total judgment sum to N53 million. This case underscores the obligations of international airlines under the
Montreal Convention and highlights the growing emphasis on passenger rights in Nigeria’s aviation sector.

The legal dispute originated from an incident on December 2, 2022, when Mr. Osho’s checked luggage failed to arrive on
Flight BA307 from Paris to London. According to court filings, Osho had checked in his baggage and was issued
baggage tag number BA741520. However, the bag never arrived with the flight and was ultimately declared lost.

Osho, who suffered undue hardship, financial loss, and emotional distress as a result of the missing baggage,
subsequently initiated legal action against British Airways, demanding justice and adequate compensation.

Justice Kala, in his ruling delivered on August 21, held that the plaintiff had successfully proven that
British Airways breached its obligations under the international contract of carriage.

Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

The judge emphasized that the airline was responsible for the bag once it was checked in and tagged.
He faulted British Airways’ defence, which claimed that an old Air France tag left on the bag
was to blame for the loss. Justice Kala described the argument as an afterthought and
dismissed it as a weak defence that “collapsed like a pack of cards.”

“The defendant has indeed failed to offer any reasonable justification that the plaintiff negligently contributed to the loss of his luggage
at the material time, and has also failed to exonerate itself from liability,” the judge ruled.

The court extensively referred to the Montreal Convention of 1999, an international treaty that governs
airline liability for passenger injury, flight delays, and luggage issues.

Under Article 17 (2) of the Convention, carriers are liable for damage sustained in case of destruction, loss, or damage to checked baggage
unless they can prove that the damage resulted from inherent defects, quality, or the negligence of the passenger.

Justice Kala concluded that British Airways did not meet the burden of proof required under the Convention.
The defence that the passenger was partly to blame was described as a “botched defence”,
further solidifying the court’s decision in favour of Osho.

Breakdown of Compensation

  • N50 million – Awarded as general damages for hardship, inconvenience, and financial loss.
  • N3 million – Awarded as the cost of legal action.
  • Total Compensation: N53 million.

The ruling sets a precedent for substantial compensation in passenger rights cases in Nigeria,
signaling a stronger judiciary stance against airline negligence.

In its defence, British Airways argued that Osho was responsible for his predicament,
citing the alleged presence of an old Air France tag on his bag.
The airline suggested that any compensation should not exceed N60,000.

Justice Kala, however, firmly rejected this plea, describing it as untenable.
He stressed that airlines cannot evade liability by putting forward unsubstantiated claims
that shift blame onto passengers.

The case, marked FHC/L/CS/1754/2023, was filed by Osho on August 31, 2023.
During the trial, Osho provided critical evidence including his boarding pass
and the baggage tag number BA741520.

The court accepted these documents as credible evidence, further strengthening the plaintiff’s claim
and exposing the weakness in British Airways’ defence.

Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

This ruling has far-reaching implications not only for British Airways but also for other international
and domestic carriers operating within Nigeria. It signals that Nigerian courts are increasingly
holding airlines accountable for lapses in passenger service and baggage handling.

For passengers, the judgment is a major win, affirming their rights to fair treatment
and adequate compensation under international aviation law.
For airlines, it serves as a warning that negligence and weak defences will not stand in court.

The Federal High Court ruling against British Airways in favour of Mr. Stephen Osho highlights the
importance of accountability in international aviation.
By awarding a landmark compensation of N53 million, the judgment reinforces the principle that
airlines must uphold their contractual obligations under the Montreal Convention and respect
passenger rights at all times.

As Nigeria continues to strengthen its judicial processes and consumer protection frameworks,
this case will likely serve as a benchmark for future lawsuits involving airline negligence
and passenger mistreatment.

British Airways Compensation, Baggage Allowance & Presence in Nigeria

How Much is Compensation Per Passenger on British Airways?

British Airways, like other European carriers, follows the EU Regulation 261/2004 for passenger rights.
Under this law, passengers may be entitled to compensation when flights are delayed, cancelled, or overbooked, depending on the distance of the flight and the delay time.

  • €250 – For flights up to 1,500 km with delays of more than 3 hours.
  • €400 – For flights within the EU over 1,500 km or non-EU flights between 1,500–3,500 km.
  • €600 – For international flights exceeding 3,500 km with delays of 4 hours or more.

Since London–Lagos flights are over 3,500 km, compensation can reach €600 (approximately ₦900,000) per passenger if the conditions apply.

Court Orders British Airways to Pay Passenger N53m Over Lost Luggage

How Do I Claim Compensation for Flights on British Airways?

To claim compensation from British Airways, passengers must follow the airline’s official complaint process.
This includes:

  1. Visiting the British Airways claims page.
  2. Filling out the online compensation form with flight details, booking reference, and proof of delay/cancellation.
  3. Submitting supporting documents such as boarding passes and receipts for incurred expenses.

If British Airways does not respond positively within a reasonable timeframe, passengers can escalate complaints to the UK Civil Aviation Authority (CAA)
or seek legal assistance.

How Much Baggage is Allowed on British Airways to Lagos, Nigeria?

For flights from London to Lagos, British Airways allows generous baggage limits depending on the class of travel:

  • Economy Class: One checked bag up to 23kg and one cabin bag up to 23kg, plus a personal item.
  • Premium Economy: Two checked bags up to 23kg each.
  • Business Class: Two checked bags up to 32kg each.
  • First Class: Three checked bags up to 32kg each.

Passengers are encouraged to check the official BA baggage policy
for updates before traveling, as rules may change.

Do We Have British Airways in Nigeria?

Yes, British Airways operates in Nigeria and maintains a strong presence in the aviation market.
The airline flies regularly from Murtala Muhammed International Airport (LOS) in Lagos and
Nnamdi Azikiwe International Airport (ABV) in Abuja to London Heathrow (LHR).

British Airways has been flying into Nigeria for decades, connecting Nigerians to Europe, North America, and other parts of the world.
The airline is considered one of the most reliable international carriers in Nigeria, with daily or frequent flights from Lagos and Abuja.

British Airways passengers in Nigeria are entitled to compensation under EU regulations for eligible delays and cancellations.
The airline also offers generous baggage allowances for Lagos-bound flights, and maintains an active presence in both Lagos and Abuja airports.
To make claims or inquiries, passengers should always check the official British Airways website and keep proper documentation for faster processing.

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