Section 79 Civil Aviation Act 2022
Section 79 of the Civil Aviation Act 2022 is about Actions in trespass, nuisance and damage by and from aircraft. It is under Part XII (Civil and Criminal Penalties) of the Act.
(1) An action shall not lie in respect of trespass or nuisance by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of
the case is reasonable, or the ordinary incidents of such flight, so long as the flight over such property duly complies with any regulations in force made in respect to it.
(2) Where injury, loss or damage is caused to any person or environment, property on land or water by an aircraft or an article, or a person in or falling from an aircraft in-flight taking off or landing or where such injury, loss or
damage is caused to any person or environment or property on land or water by an aircraft in-flight, then without prejudice to the law relating to contributory negligence damages in respect of the injury, loss or damage shall be recoverable without proof of negligence or intention or any other cause of action, as if the injury, loss or damage had been caused by the willful act, neglect or default of the owner or operator of the aircraft.
(3) Where the injury, loss or damage is caused in circumstances in which a legal liability exists in some person other than the owner or operator to pay damages in respect of the injury, loss or damage, the owner or operator
shall be entitled to be indemnified by that other person against any claim in respect of the said injury, loss or damage.
(4) Where any aircraft has been bonafide demised, let or hired out to any person by the owner of it and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as though references to the owner here were substituted for references to the person to whom the aircraft has been so demised, let or hired out.
(5) The liability of the owner or operator arising under subsection (2) shall not exceed the Naira equivalent of the following limits based on the mass of the aircraft —
(a) 375,000 United States Dollars for aircraft having a maximum mass of 500 kilogrammes or less ;
(b) 750,000 United States Dollars for aircraft having a maximum mass of more than 500 kilogrammes but exceeding 1,000 kilogrammes ;
(c) 1,500,000 United States Dollars for aircraft having a maximum mass of more than 1,000 kilogrammes but not exceeding 2,700 kilogrammes ;
(d) 3,500,000 United States Dollars for aircraft having a maximum mass of more than 2,700 kilogrammes but not exceeding 6,000 kilogrammes ;
(e) 9,000,000 United States Dollars for aircraft having a maximum mass of more than 6,000 kilogrammes but not exceeding 12,000 kilogrammes ;
(f ) 40,000,000 United States Dollars for aircraft having a maximum mass of more than12,000 kilogrammes but not exceeding 25,000 kilogrammes ;
(g) 75,000,000 United States Dollars for aircraft having a maximum mass of more than 25,000 kilogrammes but not exceeding 50,000 kilogrammes ;
(h) 150,000,000 United States Dollars for aircraft having a maximum mass of more than 50,000 kilogrammes but not exceeding 200,000 kilogrammes ;
(i) 250,000,000 United States Dollars for aircraft having a maximum mass of more than 200,000 kilogrammes but not exceeding 500,000 kilogrammes ; and
(j) 350,000,000 United States Dollars for aircraft having a maximum mass of more than 500,000 kilogrammes.
(6) Where an event involves two or more aircraft operated by the same owner or operator, any limit of liability with respect to both aircraft may be called upon to resolve any injury and or damage.
(7) The limits in this subsection shall only apply if the owner or operator proves that the damage—
(a) was not due to its negligence or other wrongful act or omission or that of its servants or agents ; or
(b) was solely due to the negligence or other wrongful act or omission of another person.
(8) Where two or more aircraft have been involved in an event causing damage to which this Act applies, the owner or operator of those aircraft shall be jointly and severally liable for any damage suffered by a third party.
(9) Where two or more owners or operators are so liable, the recourse between them shall depend on their respective contribution to the damage.
(10) In case of injury, loss or damage arising from the provision of subsection (2), the owners or operators shall make advance payment of at least the Naira equivalent of the sum of 50,000 United States Dollars within
30 days to the persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons and such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the owner or operator.
(11) Where the total amount of compensation for damages exceeds the limits prescribed under subsection (5), additional compensation as may be prescribed by the International Civil Aviation Organisation shall apply.
(12) The right to compensation for damages under this Act shall be extinguished where an action is not brought within two years from the date of the event which caused the damage.
