Chidule v Escom Ltd. (Personal Injury 947 of 2015) [2018] MWHC 696 (23 May 2018)

Chidule v Escom Ltd. (Personal Injury 947 of 2015) [2018] MWHC 696 (23 May 2018)

The court awarded K1,800,000.00 for loss of expectation of life and K3,375,000.00 for loss of dependency, applying the multiplicand and multiplier method, referencing national life expectancy, the deceased's age, and relevant precedents.

Citation
[2018] MWHC 696
Parties
Claimant: Lastone Chidule; Defendant: ESCOM Limited
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
23 May 2018
Case Number
Personal Injury 947 of 2015
Procedural Posture
Personal Injury / Assessment of Damages After Default Judgment
Outcome
assessment of damages granted
Legal Topics
Loss of Expectation of Life, Loss of Dependency, Damages Assessment
Source Language
English
Tort Personal Injury Wrongful Death Loss of Expectation of Life Loss of Dependency Damages Assessment

Case Brief

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Parties

Lastone Chidule

Claimant

ESCOM Limited

Defendant

Procedural Posture

Personal Injury / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 What is the appropriate quantum of damages for loss of expectation of life and loss of dependency in the circumstances of this case?

Ratio Decidendi

The court awarded K1,800,000.00 for loss of expectation of life and K3,375,000.00 for loss of dependency, applying the multiplicand and multiplier method, referencing national life expectancy, the deceased's age, and relevant precedents.

Court Disposition

assessment of damages granted

Orders

  • The claimant is awarded K1,800,000.00 for loss of expectation of life.
  • The claimant is awarded K3,375,000.00 for loss of dependency.