Interpretation and application of the 1999 Montreal convention arising from air carrier liability in Ghanaian courts : the case of Dr RSD Tei and Evelyn Jumbo v Messrs Ceiba Intercontinental

Abstract

Abstract

Judicial interpretation as a mechanism through which the judiciary construes the law must be exercised very cautiously by the courts because it is the sole institution to interpret and ensure a just and equitable outcome of the law. For this reason, the judiciary’s approach to the interpretation of legal texts must be based on the formulation of realistic wisdom after adopting an innovative and purposeful approach to the interpretation of such legal texts. The writer considers the ‘patchwork’ liability regime of the Warsaw system and its development through the Montreal Convention of 1999 in relation to air carrier liability when an accident is occasioned on board an aircraft. Further, the study highlights that the court must always remember to use a “current” valuation in assessing the quantum of compensation due to a plaintiff on the date of judgement. Finally, a proposal is made for the establishment of a treaty body to develop and provide an interpretative guide to the Montreal Convention in order to avoid absurd and unintended decisions which defeat the spirit and purpose of the treaty.