Facts:

The appellant had appealed against the decision of the Federal High Court sitting in Lagos wherein he claimed special and general damages against the respondent for delayed flight from Lagos to Port Harcourt on the 6th August, 2008.

The parties agreed that there existed a valid contract of carriage by air between them, for the transportation of the appellant and members of his family from Lagos to Port Harcourt on the 6th August, 2008 by way of the respondent’s scheduled flight No. W3511 by the air tickets purchased by the appellant, which contained the terms and conditions of the contract between the parties and the subsequent Boarding Passes issued to him by officials of the respondent at the check-in counter at the Lagos Airport. The Flight was scheduled to depart Lagos Airport to Port Harcourt, at 7:30am but unfortunately it did not take off at the agreed time.

Aggrieved, the appellant filed an action for breach of contract by the respondent at the trial Court for failure to depart Lagos at the scheduled time. In a considered decision, the trail Court dismissed the appellant’s claim.

Dissatised, the appellant appealed to the Court of Appeal.