Delineating jurisdictional indicators in air-carrier liability suits in Nigeria: The simple contract and aviation contract perplexities

Abstract

Over the years, air transportation has assumed the status as a veritable means of transportation of passengers and goods in Nigeria. By virtue of some statutory and judicial authorities, it appears that this contractual relationship created between the air-carrier (Airline) and passengers/consignors appears to fall into two distinct categories viz- simple contract and aviation contract. This paper examines, attempts and provides a probable solution to the lingering jurisdictional perplexity faced by legal practitioners and their clients in determining which court to approach for redress for an alleged liability of an air-carrier. The paper adopted a doctrinal research methodology. It also identifies some vital elements which determines whether a contract of air carriage is a simple contract or an aviation so as to fall within the jurisdictional purview of the State High Court or the Federal High Court.