COMEX LIMITED VS NIGERIA ARAB BANK LIMITED
July 3, 2025MICHAEL OLANREWAJU & ANOR VS ISAAC ADE OGUNLEYE
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 78949
In the Supreme Court of Nigeria
Fri Apr 4, 1997
Suit Number: SC. 238/1994
CORAM
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGBU JUSTICE, SUPREME COURT
GEORGE A. OGUNTADE, JUSTICE, SUPREME COURT
PARTIES
JOSEPH IBIDAPO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
By a Writ of Summons, the plaintiff/appellant claims against the defendant/respondent for negligence in the care and custody of plaintiff’s baggage to the defendant /respondent at Lagos for delivery in Frankfurt-Germany but which said baggage remains undelivered despite repeated demands. The plaintiff also claims in the alternative against the defendant as bailees for reward for non-delivery of their baggage and damages for loss of use of his typewriter.
HELD
The Issue raised and canvassed by the appellant having been resolved against him, the appeal fails and is hereby dismissed.
ISSUES
Whether the Convention for the Unification of Certain Rules Relating to International Carriage by Air (The Warsaw Convention) is applicable to Nigeria. ?
RATIONES DECIDENDI
THE WARSAW CONVENTION
I have not been able to find any legislation that repealed the 1953 Order or any court decision that has declared it illegal, irrelevant or obsolete. An important international convention like the Warsaw Convention cannot be said to be impliedly repealed when this country is still taking advantage of its provisions and has not promulgated similar enactment to replace it. The Convention is so important to this country both domestically and internationally to be avoided. A vacuum of such magnitude cannot be tolerated in our legal system. It is a notorious fact that all Air travelling tickets, whether domestic or international contain notices alluding to the Provision of the Warsaw Convention being referred to in this case as the 1951 Order.PER WALI, JSC
STATUTES MUST BE REPEALED BY DIRECT PROVISION OF THE LAW
It is a cardinal principle of the law that statutes are not repealed by inference or implication but by direct provision of law. PER lGUH, JSC
CASES CITED
Attorney-General v. Lamplough (18711) 3 Ex D. 214 at 229 Board of Customs and Excise v. Alhaji Ibrahim Barau (1982) 10 SC 48 at 128 and 172. ?
STATUTES REFERRED TO
Evidence Act (Cap 112) Laws of the Federation of Nigeria, 1990. Carriage by Air [Colonies Protectorates and Territories) Order, 1953Revised Edition [Laws of the Federation of Nigeria) Act 19901979 ConstitutionThe Carriage by Air [Parties to the Convention] Order, 1958, No. 1252 of 1958?
