Zakeyo v Yusuf (Civil Cause 2539 of 2000) [2004] MWHC 27 (30 April 2004)

Zakeyo v Yusuf (Civil Cause 2539 of 2000) [2004] MWHC 27 (30 April 2004)

Damages for loss of dependency are determined by multiplying the deceased's monthly earnings by the multiplier (years of expected support), by 12 (months), and deducting one third for personal expenses, resulting in a total award of K192,000.00 apportioned among the deceased's children.

Citation
[2004] MWHC 27
Parties
Plaintiff: Zakeyo Matiyasi; Defendant: Idi Yusuf
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
30 April 2004
Case Number
Civil Cause 2539 of 2000
Procedural Posture
Civil / Assessment of Damages
Outcome
damages awarded for loss of dependency
Legal Topics
Loss of Dependency, Assessment of Damages, Negligence
Source Language
English
Tort Civil Procedure Loss of Dependency Assessment of Damages Negligence

Case Brief

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Parties

Zakeyo Matiyasi

Plaintiff

Idi Yusuf

Defendant

Procedural Posture

Civil / Assessment of Damages

Legal Issues

  1. 1 What is the appropriate quantum of damages for loss of dependency resulting from the deceased's death caused by the defendant's negligence?

Ratio Decidendi

Damages for loss of dependency are determined by multiplying the deceased's monthly earnings by the multiplier (years of expected support), by 12 (months), and deducting one third for personal expenses, resulting in a total award of K192,000.00 apportioned among the deceased's children.

Court Disposition

damages awarded for loss of dependency

Orders

  • K192,000.00 awarded for loss of dependency apportioned among the deceased's children
  • Sums to be paid into court and deposited in interest earning accounts for the benefit of the plaintiffs