CASES/JUDGMENTS ON AVIATION LAW IN NIGERIA
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CASES/JUDGMENTS ON AVIATION LAW IN NIGERIA
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| TITLE | MAIN ISSUES |
| ALLEN AND OTHERS V. JAMBO HOLDINGS | TRANSPORT LAW – AVIATION:- Death arising from propeller of a light aircraft – Claims arising therefrom – Where plane is only asset of owners within jurisdiction – Whether Injunction could issue to prevent plane from moving out of jurisdiction pending determination of proceedings TRANSPORT LAW – AVIATION:- Freezing of plane’s movement with Mareva Injunction – Application to discharge same – Nature of security required – Insurance and reinsurance backing – bond or an undertaking by a reputable company or concern within jurisdiction so as to ensure that any award of damages to the plaintiffs would be met. |
| ALITALIA AIRLINES LTD. V. FBIR | AVIATION: International airline operators resident in foreign countries – Whether revenue in Nigeria is taxable – How treated – |
| CAMEROON AIRLINES V. ABDUL KAREEM | AVIATION AND TRANSPORT LAW:- International aviation – Carriage of persons, luggage or goods by air – Whether governed by common law/local laws or the terms and conditions of the Warsaw Convention. AVIATION AND TRANSPORT LAW:- Warsaw Convention – International carriage of goods by air – loss or damage of registered luggage or cargo – Computation of compensation in respect of same – Where weight of lost luggage is not ascertained – Computation of award of damages under the Warsaw Convention |
| FOSBROKE-HOBBES V AIRWORK LTD AND BRITISH-AMERICAN AIR SERVICES LTD | AVIATION LAW – CONTRACT:- Carriers – Carriage by air – Contract by correspondence – Subsequent delivery of ticket containing conditions – Charter of private aeroplane – Liability to charterer’s guests – Evidence of negligence – Res ipsa loquitur. |
| HARKA AIR SERVICES (NIG.) LIMITED V. KEAZOR ESQ. | AVIATION LAW – AIR CARRIER’S LIABILITY:- Article 17 of the Warsaw Convention – Liability of Carrier for damages sustained including the death or wounding of a passenger if the accident which caused the damages took place on board the aircraft or in the course of any of the operations of embarking or disembarking – What claimant must prove to establish liability AVIATION LAW – AIR CARRIER’S LIABILITY:- Article 22 and 25 of the Warsaw Convention – Limitation or Exclusion of the liability of the carrier for each passenger and for registered baggage and cargo – When the carrier shall not be entitled to avail himself of the provisions of the convention excluding or limiting his liability- Relevant considerations |
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