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“Court Fixes Oct 22 For Hearing In Breach Of Contract Suit” — Virgin Atlantic Fails To File Defence In Luggage Loss Case

by Vincent Uju
June 22, 2025
in News
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“Court Fixes Oct 22 For Hearing In Breach Of Contract Suit” — Virgin Atlantic Fails To File Defence In Luggage Loss Case
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Justice Alexander Owoeye of a Federal High Court, Ikoyi, Lagos has fixed October 22, 2025, for hearing in a breach of contract suit filed by Nigerian security expert, Alhaji Ahmed Rabiu, against Virgin Atlantic Airways over the alleged loss of his luggage on a flight from London to Lagos.

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The matter, earlier scheduled for hearing on Friday, was adjourned after the defendant, Virgin Atlantic, failed to file its defence within the court’s stipulated timeframe.

Rabiu, in his suit, is demanding $4,000 for the value of his missing luggage and an additional ₦20 million as compensation for the emotional distress, legal costs, and inconvenience he suffered following the disappearance of his belongings.

According to the suit, the incident occurred on September 24, 2024, when Rabiu boarded Virgin Atlantic flight No. CNY3JV from London Heathrow to Murtala Muhammed International Airport, Lagos.

Despite being checked in properly and assured that his luggage was on board, Rabiu said he waited in vain at the conveyor belt upon arrival in Lagos.

Every other passenger on the flight, he claimed, retrieved their baggage and exited the terminal, except him.

Rabiu said he immediately lodged a complaint with the airline’s ground staff and was issued a Property Irregularity Form, which he filled out and submitted.

However, the airline allegedly failed to recover or replace the luggage or offer any compensation.

In a supporting affidavit, Rabiu stated that his efforts to resolve the matter were ignored, leading him to instruct his lawyers to serve Virgin Atlantic a formal demand letter.

He contended that the airline’s refusal to pay for the value of the lost items or offer redress amounts to a gross breach of contract and a failure of duty of care.

He also argued that the defendant had not denied the loss of the luggage, which he said further validated his claims of breach and negligence.

But in its defence, Virgin Atlantic denied any wrongdoing, insisting that Rabiu failed to provide sufficient information on the Property Irregularity Form, making it difficult to trace the missing bag.

The airline also rejected the plaintiff’s claims of fraud, recklessness, and negligence, describing them as false and unfounded.

The defendant further argued that Rabiu’s claim for ₦20 million was excessive and unjustifiable.

It maintained that even in the unlikely event the court rules against it, its liability would be governed by the Montreal Convention of 1999, which has been domesticated under the Nigerian Civil Aviation Act, 2023.

This international treaty limits the liability of airlines for loss or damage to baggage.

Rabiu, however, dismissed the airline’s defence as deliberately dilatory and vexatious, aimed at escaping liability rather than resolving the matter in good faith.

Tags: special reports

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