CORAM
LEWIS, CHIEF JUSTICE, NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME CO,URT
PARTIES
THE SWISS AIR TRANSPORT CO. LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff delivered to the defendants as carriers, 13,100 Sudanese pounds to be carried safely from Geneva to Kano Nigeria and delivered to the plaintiff in Nigeria within reasonable time. The defendants lost the said bank notes and did not deliver it to plaintiff.
HELD
The Court held that the trial court had no jurisdiction to entertain the matter and that there is no time that is too late to raise the issue of jurisdiction.
ISSUES
None
RATIONES DECIDENDI
RETROSPECTIVE LEGISLATION
3. The Companies Decree 1968 did not deal specifically with existing actions and apply the changes to them, and as it was not couched in language clearly showing an intention that the statute should operate retrospectively and as it was not procedural the presumption against it having retrospective effect must apply. Per Lewis JSC
DISTINCTION BETWEEN PLACE OF DESTINATION AND PLACE OF DEPARTURE
2. This in our view clearly emphasises that the place of destination as well as the place of departure are the respective airports. It moreover seems clear to us that the place of destination is quite distinct from the country or territory in which it is situated and that Article 28 must be construed strictly. Per Lewis JSC
ACTION SHOULD BE BROUGHT AT THE SPECIFIED PLACE WITH JURISDICTION UNDER WARSAW CONVENTION
1. It is the law itself, as the Convention applied to Nigeria, that requires in Article 28(1) that the action be brought only in certain specified places, and courts of the High Contracting Parties only have jurisdiction accordingly. Unless therefore it is so brought the court has no jurisdiction. Per Lewis JSC
CASES CITED
1. Greine v. Imperial Airways Ltd. (1936) 2 A.E.R. p. 1259 , p. 1283)
2. British Wagon Company v. Gray (1896) 1 Q.B. 35
3. Kidston v. Deutsche Lufthansa Aktien-Gesellsehaft (C.A.) 38 Lloyds L.R. 1
4. Adetipe v. Amodu S.C. 673/66 (unreported) delivered on the 28th of February, 1969.
5. Rotterdamsche Bank v. B.O.A.C. (1953) 1 All E.R. 675
6. Okafor v. Ibeziako (1965) 1 All N.L.R. 407
7. Adamolekun v. Council of the University of Ibadan (1968) N.M.L.R. 253)
STATUTES REFERRED TO
1. Convention for the Unification of Certain Rules Relating to International Carriage by Air, otherwise known as the 1929 Warsaw Convention, (set out at page 621 et seq in Vol. XI Laws of the Federation of Nigeria and Lagos 1958),
2. Carriage by Air (Parties to Convention) Order 1958 (page 635 et seq Vol. XI of Laws of the Federation of Nigeria and Lagos 1958)