25/02/2025
*DIFFERENTIATING SIMPLE DEBTS FROM AVIATION MATTERS*
In the case of DELTA AIRLINES v. SHIMA JOSEF & ANOR (2019) LPELR-46921 (CA) which was an appeal against the decision of the High Court of Lagos State, the facts of the case was that the 1st Respondent (a minor) was prevented from boarding the Appellant’s airline on his trip from Atlanta to Lagos on the ground that the ticket was purchased with a stolen voucher and the 1st Respondent sued for a breach of the use of the ticket. The Appellant filed a preliminary objection that the matter is an aviation matter and ought to be filed at the Federal High Court. The objection was dismissed and dissatisfied, the Appellant appealed.
The Court of Appeal Lagos Division Per Ebiowei Tobi, JCA in Pp- 9-32, F – F held;
The mere fact that a ship is involved in a simple contract does not automatically make that simple contract a subject for jurisdiction in admiralty matters. To hold to that supposition will be ridiculous. See: TEXACO OVERSEAS PETROLEUM COMPANY UNLIMITED v. PEDMAR NIGERIA LTD. (2002) 7 SC (part 11) 222; AMERICAN INTERNATIONAL INSURANCE CO. LTD. v CEEKAY TRADERS LTD. (1981) 5 SC 81. "This case of a simple contract of debt recovery is, I hold, within the civil jurisdiction of the Rivers State High Court and it properly assumed jurisdiction on the matter.” The above case shows clearly that the mere fact that contract involved houseboat does not take it away from the ream of a simply contract into a contract on admiralty. In looking at a contract, a court will interpret same from the substantial point of view. A simple contract which is within the competence of the state High Court under Section 227 of the 1999 Constitution will not graduate into the field of the Federal High Court simply by adding one of the items in section 251 (1) of the Constitution. What I am laboring to say here as shown in the case above is that a simple contract does not become admiralty or aviation matter on the premise that the contract deals with admiralty or aviation matter. Permit this analogy, the fact that a Yoruba man bears an ibo name does not make him an ibo man. This is clear and simple. The appendage of aviation in a simple contract does not necessarily make it an aviation matter. To qualify as an aviation matter, the contact must lead to carriage in an aircraft. This means that the passenger or goods must have ben carried in the aircraft. This means the goods or the passenger must have been in the custody of the aircraft. In the case of a passenger, it must have gone beyond checking in at the counter and the passenger must have embarked on the journey by entering the aircraft. It is at this stage, that anything done to the passenger which is a breach of the contract will be an aviation matter for which it is only the Federal High Court that has jurisdiction. Any breach of any contract which is done before the actual carriage of the passenger by way of embarkment into the aircraft will amount to simple breach of contract which the state High Court has jurisdiction and definitely note the Federal High Court because in such a situation it does not qualify as a matter relating or connected to aviation or the aircraft. A person is actually in a contract of carriage when he has been carried by the aircraft. There is no carriage when all that has happened is a passenger being checked in at the checking in counter. After that if he has luggage, the luggage is taken in at the counter. At that stage, the luggage is now under the custody of the airline. Should there be a breach of contract as it relates to the luggage, the airline will be liable even if the luggage has not been taken into the aircraft. That is not the same with the passenger. At the check in counter, whatever breaches will be seen as a breach of a simple contract having nothing to do with aviation or the aircraft. After checking in, anything can still happen between then and the time of air embarkment. The flight can be delayed or cancelled. The passenger can as well change his mind. If any of this happen and there is a breach, the matter can be properly determined in the State High Court and not the Federal High Court as carriage by air has not taking place."
