Awawu Olulu Otoakhia V. Aero Contractor Nigeria Limited (2014) LPELR-23319(CA) Benin Division – Civil Procedure (4th July, 2014)

• In what Court lies exclusive jurisdiction with respect to matters of carriage of passengers by air?

The Appellant as Plaintiff at the Edo State High Court, Benin Judicial Division filed an action, by way of a writ of summons claiming damages against the Respondents as Defendants. The Appellant, in her evidence before the Lower Court, narrated that she procured a return ticket for Benin – Lagos – Benin flight, from the Defendants/Respondents on the 7th of April, 2008. On the 8th of April, 2008, she was to travel from the Lagos airport to Benin airport, but instead, the Appellant was taken to Warri, contrary to the agreement contained in her ticket and boarding pass. Consequently, the Appellant incurred costs and suffered damages, having missed all her engagements and appointments in Benin City on that day. The Respondent at the High Court filed a statement of defence, and nine months later, filed a motion on notice asking the Court to strike out the suit for lack of jurisdiction. The learned judge after taking arguments from both parties, ruled in favour of the Respondents to the effect that the proper court to hear the suit is the Federal High Court, and struck out the suit for want of jurisdiction. It is against this ruling of the trial Court that the Appellant appealed to the Court of Appeal seeking an order of the Court setting aside the ruling/decision of the High Court, and remitting the suit back to the Edo State High Court to be determined on its merits by a different judge. 

The fact of the case as narrated by the parties was not in dispute. The vexed question was whether the Edo State High Court had the requisite jurisdiction to hear and determine the case before it. While the Respondent and the High Court held that it lacked the jurisdiction to entertain the matter, the Appellant argued that the High Court by virtue of Section 272(1) of the Constitution of the Federal Republic of Nigeria, 1999 is vested with jurisdiction, as the complain borders on contractual obligation as well as issues relating to legal right, power, duty, liability, privilege interest, obligation or claim. This is because, according to the Appellant, the alleged breach of the contract to convey the Appellant from the Lagos airport to Benin as evidenced by the flight ticket and boarding pass issued comes under, carriage of passengers and goods by air, consequently all rights derivable there from must emanate from the Court imbued with jurisdiction. The Court of Appeal held that it seems as clear as crystal that the Appellant’s claim is in respect of carriage of passengers by air in respect of which exclusive jurisdiction has been vested in the Federal High Court. The Court further held that the trial Judge was right when he agreed with the Respondent, that the Appellant’s claim was not anchored on simple contractual relationship, but that founded on a contract for the carrying of passengers by air, and for which the State High Court lacks jurisdiction to entertain. – AWAWU OLULU OTOAKHIA v. AERO CONTRACTOR NIGERIA LIMITED (2014) LPELR-23319(CA) – Civil Procedure

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