An Accra High Court has dismissed an application by EgyptAir to strike out a negligence lawsuit filed by four Ghanaian passengers who allege the airline abandoned their priority-tagged luggage on a Cairo tarmac and delivered an inferior business-class product on a flight to Accra.
The case stems from events on 18 July 2025, when the four plaintiffs, comprising two legal practitioners and two businesspersons, travelled on EgyptAir Flight MS 881 from Cairo International Airport (CAI) to Kotoka International Airport (KIA) in Accra. According to their statement of claim, the passengers watched from inside the aircraft as their checked luggage, which had been clearly tagged as priority baggage, remained on the tarmac as the plane prepared for departure.
The plaintiffs allege they raised the alarm with cabin crew before take-off but were ignored. When the aircraft departed Cairo without the bags, crew members later confirmed to the passengers that the luggage had been deliberately offloaded to manage weight restrictions. The plaintiffs contend that under standard aviation practice, priority-tagged baggage belonging to business-class passengers takes loading precedence over other cargo.
Upon landing in Accra, the passengers lodged formal complaints with EgyptAir’s station manager and the Lost and Found section at KIA. The luggage trickled back over the following days, with some bags arriving several days after the flight and others not delivered until a full week later.
The lawsuit does not stop at the missing luggage. The plaintiffs further allege that the aircraft deployed on the Cairo to Accra route did not meet internationally accepted business-class standards. Their statement of claim describes non-functional in-flight entertainment systems, inoperable power outlets, and a cabin configuration that more closely resembled premium economy than business class. On those grounds, they are also seeking refunds of their full business-class fares.
EgyptAir mounted an early procedural challenge, filing an application under the High Court Civil Procedure Rules, 2004, commonly referred to as C.I. 47, seeking to have the plaintiffs’ Writ of Summons and Statement of Claim struck out entirely. Counsel for the plaintiffs opposed the motion and raised a preliminary objection questioning the validity of the airline’s supporting affidavit.
The court held that the affidavit was subject to a presumption of regularity but went on to consider the substantive application. After hearing arguments from both sides, the judge found the plaintiffs’ opposition persuasive and dismissed EgyptAir’s application in full. The airline was also ordered to pay GHS 5,000 in costs and directed to file its Statement of Defence within 14 days.
The ruling clears the way for the case to proceed to a full hearing on the merits, where the court will examine the negligence and breach of contract claims. The plaintiffs’ legal team has indicated it will secure the court’s written ruling and prepare for the next phase once EgyptAir files its defence. The outcome could have broader implications for how international airlines operating routes into Ghana handle baggage obligations and business-class service standards under Ghanaian and international aviation law.
