CARRIERS LAW OF LAGOS STATE
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CARRIERS LAW
ARRANGEMENT OF SECTIONS
1. Common carrier not to be liable for loss of certain goods in certain cases.
2. Increased charge may be demanded in certain cases.
3. Carriers to give receipt for increased charges
4. Common carrier not protected in absence of notice or receipt
5. Parties entitled to damages for loss may also recover increased charge
6. Common carrier liable only to damages proved
7. Public notices of declarations not to limit liabilities of common carriers
8. Actions not to abate for non-joinder of co-proprietor
9. Exception as to felonious acts, etc.
10. Interpretation
11. Citation
SCHEDULE
CARRIERS LAW
A LAW FOR THE MORE EFFECTUAL PROTECTION OF COMMON CARRIERS AGAINST LIABILITY FOR THE LOSS OR INJURY TO CERTAIN PARCELS OR PACKAGES DELTVERED TO THEM FOR CONVEYANCE OR CUSTODY IN LAGOS STATE AND FOR CONNECTED PURPOSES
[W.R.L. 1959, CAP. 16. L.S.L.N. 16 OF 1972]
[Commencement] [31st July 1958]
1. Common carrier not to be liable for loss of goods in certain cases
A common carrier by land for hire will not be liable for the loss of or injury to any article or property of the description set out in the Schedule to this Law, in any package which has been delivered either to be carried for hire or to accompany the person of any passenger in any public conveyance when the value of such article or articles or property contained in such parcel or package exceeds the sum of Five Thousand Naira (N5,000.00) unless at the time of the delivery to the common carrier or the agent or servant for the purpose of being carried or of accompanying the person of any passenger as the value and the nature of such article or property has been declared by the person sending or delivering the same and such increased charge, or an engagement to pay the same, be accepted by the person receiving such parcel or package.
2. Increased charge may be demanded in certain cases
When any parcel or package containing any of the articles specified in the Schedule is so delivered; its value, contents declared and such value exceeds the sum of Five Thousand Naira (N5,000.00), it is lawful for any common carrier to demand and receive an increased rate of charge to be notified by some notice affixed in legible characters in some public and conspicuous part of the receiving office, where such parcels or packages are received by the common carrier for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles; and all persons sending or delivering parcels or packages containing such valuable articles at such receiving office must be bound by such notice without further proof of the same having come to their knowledge.
[SCHEDULE]
3. Carriers to give receipt for increased charges
When the value has been so declared and the increased rate of charge paid or an engagement to pay the same has been accepted as provided, the increased rate or accepting such engagement must, if so required, sign a receipt for the package or parcel acknowledging the same to have been insured.
4. Common carrier not protected in absence of notice or receipt
If a receipt is not given when required or a notice is not affixed in the manner mentioned, the common carrier shall not be entitled to any benefit or advantage under this Law, but will be liable and responsible as at common law and be liable to refund the increased rate of charge.
5. Parties entitled to damages for loss may also recover increased
Where any parcel or package has been delivered at any receiving office, and the value and contents declared, and the increased rate of charges has been paid, and such parcel or package has been lost or damaged, the party entitled to recover damages in respect of such loss or damage will also be entitled to recover such increased charges paid in addition to the value of the parcel or package.
6. Common carrier liable only to damages proved
A common carrier will not be bound as to the value of a parcel or package by the value declared but will in all cases be entitled to require from the party suing, in respect of injury, proof of the actual value of the contents by the ordinary legal evidence, and be liable only to such damages as proved, not exceeding the declared value, together with the increased charges as provided.
7. Public notices of declarations not to limit liabilities of common carriers
A public notice or declaration made or to be made will not be deemed or construedto limit or in any wise affect the liability at common law of any common carrier for or in respectof any articles or goods to be carried and conveyed by the common carrier, butevery common carrier will be liable, as at common law, to answer for the loss of or any injury to any articles and goods in respect of which the common carrier is not entitled to thebenefit of under this Law any public notice or declaration made and given contrary to or in anywise limiting such liability notwithstanding:
Provided that nothing in this Law will extend or be construed to annul or in anywise affect any special contract between a common carrier and/or any other person for the conveyance of goods and merchandise.
8. Actions not to abate for non-joinder of co-proprietor
Where two or more persons engaged in the business of a common carrier are co-proprietors or co-partners in any public conveyance, any one or more of such persons may be sued in their own name or names only and no action commenced to recover damages for loss of or injury to any parcels, packages or persons will abate for the want of joining any co-proprietor or co-partner in such public conveyance.
9. Exception as to felonious acts, etc.
Nothing in this Law is deemed to protect any common carrier for hire from liability to answer for loss of or injury to any goods or articles whatsoever arising from the felonious acts of any employed servant, not to protect the servant from liability for any loss or injury occasioned by personal neglect or misconduct.
10. Interpretation
In this Law unless the context otherwise requires-
“common carrier by land” includes a common carrier by land who is also a carrier by water and as regards every common carrier, this Law apply to carriage by water and in the same manner as it applies to carriage by land;
“public conveyance” means any vehicle in which passengers, parcels or packages are conveyed by a common carrier;
“receiving office” means any office, warehouse or other place which is used or appointed by a common carrier for the receiving of parcels or packages to be conveyed and, where there is no such place, includes the vehicle in which such parcels or packages are to be conveyed.
11. Citation and application
(1) This Law will be cited as the Carriers Law.
(2) Nothing in this Law will affect any common carrier engaged in the carriage of good persons by railway or on waterways in respect of which the power to enact laws is conferred exclusively on the Federal Legislature.
SCHEDULE
Bills, bank notes or currency notes, and orders, notes or securities the payment of money.
[SECTIONS 1 AND 2]
Furs.
Glass or china
Coins current in any country.
[L.S.L.N 16 OF 1972]
Gold or silver in a manufactured or unmanufactured state.
Gold or silver plate or plated articles.
Lace, not including machine-made lace.
Maps.
Paintings, engravings or pictures.
Precious stones or jewellery.
Silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials.
Stamps. Trinkets.
Watches, clocks or time-pieces of any description.
Writings or title deeds.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
