Federal High Court Orders British Airways to Pay N53 Million to Nigerian Passenger Over Lost Luggage

British Airways held liable for negligence; Lagos court awards N50 million damages and N3 million legal costs to Stephen Osho.

The Federal High Court in Lagos has ordered British Airways to pay N53 million to a Nigerian passenger, Mr. Stephen Osho, over the loss of his luggage and the airline’s unfair treatment. Justice Ibrahim Kala, who delivered the judgment on August 21, awarded N50 million in general damages and N3 million for legal costs.

The case arose from the airline’s failure to deliver Osho’s checked baggage on Flight BA307 from Paris to London on December 2, 2022. Justice Kala ruled that Osho suffered significant inconvenience, hardship, and financial loss due to the airline’s negligence.

In its defence, British Airways claimed that an old Air France tag left on Osho’s bag was responsible for the loss. The court dismissed this argument, describing it as a weak and “afterthought” defence designed to avoid liability under Article 17(2) of the Montreal Convention.

Justice Kala stated: “There is credible and sufficient evidence to establish, on the balance of probability, that the defendant is responsible and liable for the loss of the plaintiff’s baggage while it was under its care. The bag, issued with baggage tag No. BA741520 for Flight BA307 from Paris to London on December 2, 2022, never arrived and was ultimately lost.”

“The defendant has failed to provide any reasonable justification that the plaintiff contributed negligently to the loss of his luggage and has also failed to exonerate itself from liability. Consequently, the court finds the defendant fully liable for the damages claimed.” The judge added

Osho filed the lawsuit on August 31, 2023, under case number FHC/L/CS/1754/2023, seeking compensation for the airline’s failure. British Airways had urged the court not to award more than N60,000, arguing that Osho was partly responsible for the incident. The court rejected this claim as baseless.

The judgment followed months of hearings in which Osho provided testimony and submitted supporting documents, including his boarding pass and baggage tag. Justice Kala concluded that British Airways had failed to meet its burden of proof to avoid liability, entitling Osho to substantial compensation.