Tei and Another Vrs Messrs Cieba Intercontinental [2018] GHASC 79 (2 November 2018)

Tei and Another Vrs Messrs Cieba Intercontinental [2018] GHASC 79 (2 November 2018)

The Supreme Court held that the Montreal Convention is the exclusive mechanism for claims for personal injury suffered in the course of air carriage, and that the cap on damages (113,100 SDRs) applies since the injury was caused by a third party and not by the carrier's negligence. The court may apply the Convention's limitation even if the carrier does not appear, as the facts were admitted by the appellant.

Citation
[2018] GHASC 79
Parties
1st Plaintiff/appellant/appellant: Dr. R. S. D. Tei; 2nd Plaintiff/appellant: Evelyn Jumbo; Defendant/respondent/respondent: Messrs Ceiba Intercontinental
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 November 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed subject to variation of damages awarded
Legal Topics
Montreal Convention, Carrier Liability, Damages Limitation, Strict Liability, Preemption of National Law
Source Language
English
Aviation Law International Law Tort Law Montreal Convention Carrier Liability Damages Limitation Strict Liability Preemption of National Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dr. R. S. D. Tei

1st Plaintiff/appellant/appellant

Evelyn Jumbo

2nd Plaintiff/appellant

Messrs Ceiba Intercontinental

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Montreal Convention limits the damages payable by an airline for personal injury to a passenger
  2. 2 Whether the court can apply the Convention's limitation of liability in the absence of a defence by the carrier
  3. 3 Whether the Montreal Convention preempts claims in tort under national law

Ratio Decidendi

The Supreme Court held that the Montreal Convention is the exclusive mechanism for claims for personal injury suffered in the course of air carriage, and that the cap on damages (113,100 SDRs) applies since the injury was caused by a third party and not by the carrier's negligence. The court may apply the Convention's limitation even if the carrier does not appear, as the facts were admitted by the appellant.

Court Disposition

Appeal dismissed subject to variation of damages awarded

Orders

  • Appellant to be paid 113,100 Special Drawing Rights as damages
  • All other reliefs sought by appellant dismissed