CARRIAGE BY AIR — Warsaw Convention — Article 22 — Limitation of Carrier’s Liability
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 11; Paras A—E:
"Article 22 makes provision for the Limitation of the liability of the carrier for each passenger and for registered baggage and cargo. It reads: (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs... (2) In the carriage of registered luggage and of goods the liability of the carrier is limited to the sum of 250 Francs per kilogram... (3) As regards objects of which the passenger takes charge him the liability of the carrier is limited to 5,000 Francs per passenger."
Explanation / Scope
This principle establishes that under Article 22 of the Warsaw Convention, the carrier’s liability is limited to specified amounts for passengers, registered baggage, and objects in the passenger’s charge. The principle applies in carriage by air claims. It ensures that liability limits are applied. The principle reflects the Convention’s limitation provisions. It caps the carrier’s liability. The court must apply the limits. The principle provides guidance on limitation of liability.