CONSTITUTIONAL LAW — Jurisdiction — Federal High Court — Exclusive Jurisdiction Over Aviation Related Causes of Action
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 10; Paras C—E:
"The Federal High Court has exclusive jurisdiction over Aviation related causes of action. See Section 251 (1) K of the Constitution; and a plaintiff, claimant would have a valid claim if his suit is commenced within two years from the date of arrival at his destination or from the date on which the aircraft ought to have arrived or from the date the flight ended. See Article 29 of both Legislations."
Explanation / Scope
This principle establishes that the Federal High Court has exclusive jurisdiction over aviation-related causes of action, and claims must be commenced within two years under Article 29. The principle applies in aviation claims. It ensures that the proper court hears aviation matters. The principle reflects the constitutional allocation of jurisdiction. It imposes a limitation period. The court must apply both provisions. The principle provides guidance on aviation jurisdiction.