MR. FEMI ANIBABA V. DANA AIRLINES LIMITED & ANOR (2025) 9 NWLR (Pt. 1994).
On Liability of carrier in carriage by air for death or bodily injury of passenger
Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, 1999 provides that an air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. Article 21 provides that for damages arising under paragraph 1 of article 17 not exceeding 100,000United States Dollars for each passenger, the carrier shall not be excluded or limit liability. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 United States Dollars if the carrier proves that:such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; orsuch damage was solely due to the negligence or other wrongful act or omission of a third party.In the instant case, the respondents did not offer evidence to show that the negligence or wrongful act which caused the unfortunate crash on 3rd June 2012 was not attributed to its carrier or its servants. The respondents could not come under the financial limitation provisions of Article 21 of the Montreal Convention. (Pp. 430-431, paras. F-E)
TOTAL EXP. & PROD. (NIG.) LTD. V. OKWU (2024) 17 NWLR (PT. 1967) 379
ON APPLICATION OF CONCEPT OF VICARIOUS LIABILITY
The concept of vicarious liability is the imposition of liability on a person for actionable conduct of another, based solely on a relationship between the two persons. It runs against the well-known rule of responsibility in tort that requires everyone to bear consequences of his own action. It is an indirect or imputed legal responsibility for the acts of another as in the liability of an employer for the acts of an employee, or, a principal for torts and conduct of an agent. (Pp. 453-454, paras. H-B).
TOTAL EXP. & PROD. (NIG.) LTD. V. OKWU (2024) 17 NWLR (PT. 1967) 379
ON WHETHER EMPLOYER OF INDEPENDENT CONTRACTOR IS VICARIOUSLY LIABLE FOR ACTS OF CONTRACTOR
In applying the doctrine of vicarious liability, the law draws a distinction between an employee and an independent contractor. Generally, under the doctrine of vicarious liability, the employer of an independent contractor is not liable for the acts of a contractor in the course of the job for which he was engaged/contracted. The law considers that since the employer cannot control the way in which the contractor does the work, it is the contractor one who is in a position to guard against risk incidental to the work and thus answerable for any damage caused to third parties by his actions.
OGBE V. OJO (2024) 18 NWLR (PT. 1969) 33
ON WHETHER AGENT VICARIOUSLY LIABLE FOR DEFAULT OF HIS DISCLOSED PRINCIPAL
Generally, an agent is not vicariously liable for the default of his disclosed principal. Once an agent contracts with another person on behalf of a disclosed principal, the principal is to be held liable for acts done by the agent.