Legalpedia Citation: (2011-06) Legalpedia (SC) 17919
In the Supreme Court of Nigeria
Fri Jun 17, 2011
Suit Number: SC.262/2005
CORAM
PARTIES
HARKA AIR SERVICES (NIG.) LIMITED
EMEKA KEAZOR ESQ.
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent as plaintiff claimed at the High Court, damages and compensation against the appellant/defendant for the loss of luggages and personal effects and injuries sustained by the plaintiff on board the defendant’s aircraft which crash landed in Lagos. The trial Judge found in favour of the plaintiff and awarded N1, 257, 840.00 as general and special damages. On appeal, the Court of Appeal held that the trial court was in error to have awarded damages in naira when it was specifically pleaded in US Dollars. It awarded $11,000 US Dollars. ?
HELD
Appeal dismissed ?
ISSUES
None. ?
RATIONES DECIDENDI
LIABILITY OF CARRIER WHERE DEFAULT AMOUNTS TO WILFUL MISCONDUCT
“Where there is default of such magnitude that it amounts to a willful misconduct, the limits provided by the convention to liability of the carrier are not applicable” PER ADEKEYE, JSC
WHAT THE CLAIMANT MUST PROVE TO ESTABLISH LIABILITY OF CARRIERS
“To establish liability, the claimant must prove that
(a) the passenger must have been wounded or suffered bodily injury
(b) the injury must have arisen from the accident
(c) the accident must have occurred on board the aircraft or during the course of embarking or disembarking.” PER ADEKEYE, JSC
LIABILITY OF CARRIER UNDER THE WARSAW CONVENTION
“By virtue of Article 17 of the Warsaw Convention, the Carrier is liable for the damages sustained in the event of the death or wounding of a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.” PER ADEKEYE, JSC
MEANING OF AIRCRAFT ACCIDENT
“Under the Aviation Law, an aircraft accident is an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked in which (a) a person suffers a fatal or serious injury as a result of being in the aircraft” PER ADEKEYE, JSC
EFFECT OF ENACTING COMMON LAW INTO STATUTORY PROVISION
“The law is that where domestic/common law right has been enacted into a statutory provision, it is to the statutory provision that resort must be had for such right and not the domestic/common law.” PER ADEKEYE, JSC
EFFECT OF THE WARSAW CONVENTION
“The Warsaw Convention is an International treaty, an International agreement, a compromise principle which the high contracting States have submitted to be bound by the provisions. They are therefore an autonomous body of law whose terms and provisions are above domestic legislation. Thus, any domestic legislation in conflict with the Convention is void.” PER ADEKEYE, JSC
CIRCUMSTANCES WHERE AWARD OF DAMAGES WILL BE INTERFERED WITH BY AN APPELLATE COURT
“Award of damages is essentially the duty of a trial court and will not be interfered with except unless certain circumstances exist:-
a. Where the trial court acted under a misapprehension of facts or law
b. Where it failed to take into account relevant matter
c. Where the amount awarded is too low or too high
d. Where failure to interfere would amount to injustice.” PER ADEKEYE, JSC
CASES CITED
Olafisoye v. FRM (2004) 4 NWLR (pt.864) PG.580.Cameroon Airlines v. Abdulkareem (2003) 11 NWLR (pt.830) pg.1Ogunkoya v. Peters (1954) 14 WACA 504?
STATUTES REFERRED TO
The Civil Aviation (Investigation of Accidents) Regulation
The Warsaw Convention 1929