Justice Ibrahim Kala of a Federal High Court in Lagos has ordered British Airways to pay a Nigerian passenger, Stephen Osho, N50 million in general damages for the loss of his luggage and unfair treatment, with an additional N3 million awarded as legal costs, bringing the total compensation to N53 million.

In a judgement, Justice Kala held that Osho had proven that the airline breached its obligations under the international contract of carriage when it failed to deliver his checked baggage on Flight BA307 from Paris to London on December 2, 2022.

The court found that the passenger endured undue hardship, inconvenience, and financial loss due to the airline’s actions.

British Airways had argued that an old Air France tag left on Osho’s bag caused the loss, but Justice Kala dismissed this defence as weak and unconvincing, describing it as an afterthought intended to absolve the airline of liability under Article 17(2) of the Montreal Convention.

The court stressed that the airline failed to prove that Osho contributed to the loss of his luggage and could not exonerate itself from responsibility.

Osho had filed the suit marked FHC/L/CS/1754/2023 on August 31, 2023, and presented evidence including his boarding pass and baggage tag BA741520. Justice Kala further held that British Airways failed to meet its burden of proof, entitling Osho to substantial compensation.