The respondent was a passenger on board the appellant's aircraft on a flight from Kaduna to Lagos. There was bad weather at the point of embarkation as a result of which all other commercial airlines cancelled their flights, and there was none operating two hours before the respondent's aircraft took off. The flight to Lagos was turbulent. At Lagos airport, the appellant's aircraft was not given clearance to land when it reached the landing threshold because it was above normal and regular height. The appellant's pilot also did not respond to the Lagos Airport Air Traffic Controller on whether he was landing or carrying out a missed approach. When the appellant's aircraft eventually hit the runaway, it had passed more than 60% of the entire runway, which made it impossible for it to make a safe landing. The appellant's aircraft therefore crash-landed.

The respondent had a traumatic experience. He suffered serious injuries and body pains. The respondent also lost his hand luggage and personal items. He was later treated at the hospital when he sought a medical treatment. The injuries the respondent suffered curtailed his day to day activities.

Consequently, he suffered loss professionally and financially. The respondent was aggrieved by the injuries and loss he suffered. So, he sued the appellant at the Federal High Court and claimed the sum of $5,000,000 (Five Million United States of America Dollars) as general and special damages.

In a considered judgment, the trial court found that there was willful misconduct on the part of the appellant's pilot. Consequently, the trial court awarded N1, 257,840 as special damages and costs of the suit to the respondent.The appellant was dissatisfied with the judgment of the trial court and it appealed to the Court of Appeal.

The Court of Appeal also found that there was willful misconduct on the part of the appellant but held that the trial court erred when it awarded damages in naira when the respondent's claim was made in United States of America Dollars. The Court of Appeal awarded $11,000,000 (Eleven Thousand United States of America Dollars) as general damages and set aside the award of special damages made by