Lost luggage: Passenger tackles Virgin Atlantic Airways in court

A Virgin Atlantic Airways passenger, Ahmed Rabiu, has told a Federal High Court in Lagos that Virgin Atlantic Airways has neither compensated him for his lost luggage nor replaced it, contrary to the airline’s claims.

Rabiu, who made the claims in his response to Virgin Atlantic Airways’ Statement of Defence, said that his lawsuit was valid and well-founded, as the defendant has not denied that his luggage was lost while using their air plane.

In its defence, the airline attributed its inability to trace and locate the plaintiff’s luggage to his failure to provide adequate information on the Property Irregularity Form given to him after he reported the loss.

The defendant also averred that the plaintiff’s allegations of fraud, recklessness, and negligence by the airline, its staff, or its agents are false.

The plaintiff, a security expert, had taken Virgin Atlantic Airways to court over allegations of breach of contract and the loss of his luggage on board its London to Lagos flight on September 24, 2024.

Rabiu is demanding $4,000 for the value of the items contained in his lost luggage and N20m in damages for the distress, inconvenience, and solicitor’s fees incurred in the course of attempting to recover the luggage.

In an affidavit filed in support of the suit, the passenger stated that he boarded flight No. CNY3JV from London Heathrow to Murtala Muhammed Airport in Lagos after undergoing rigorous security checks. He was properly checked in, along with his tagged luggage, by the airline’s operational staff.

However, after the plane landed in Lagos, he waited at the baggage carousel from the moment it was activated until it was switched off, while every other passenger on the flight collected their luggage and left, except for him.

Rabiu claimed that he immediately informed the airline’s staff on the ground and was given a Loss of Baggage Form to fill in and submit, which he did promptly. Yet, the airline neither returned his luggage nor replaced it, nor did it compensate him for the value of the contents.

Rabiu further claimed that after the theft and loss of his luggage, he instructed his lawyers to send the airline a demand letter requesting either the return of the luggage or payment for its contents.

He also stated that the airline’s failure to deliver his luggage upon arrival in Lagos, despite his financial investment in purchasing the airline’s ticket, constitutes a significant breach of contract.

The plaintiff argued that the defendant’s Statement of Defence is dilatory, vexatious, and a deliberate attempt to avoid liability, despite the airline’s negligence or recklessness.

In its Statement of Defence, the defendant asserted that Rabiu is not entitled to N20m in damages and that, in the unlikely event it is found liable, its liability would be limited in accordance with the Montreal Convention 1999, which has been incorporated into the Nigerian Civil Aviation Act 2023.

However, Justice Alexander Owoeye has fixed March 7, 2025, to hear the suit.