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High Court civil appeal in a fatal accident claim. The court upheld liability but reduced both general and special damages and found the suit not time-barred.
The Court of Appeal upheld liability for an employee’s fatal shooting during a cash transfer, but reduced the damages award after correcting the assessment method.
The Court of Appeal held that the High Court’s choice of forum did not vitiate the suit, a parent could sue for the child’s death, and only special damages failed for lack of proof.
The 1st defendant negligently caused the accident resulting in the death of Mark Thomas Hammond. The plaintiff proved funeral expenses and incidental costs, but failed to prove loss of prospective income due to contradictions in evidence. The 2nd defendant, as vehicle owner, and the 3rd defendant, as insurer, are jointly liable for damages. Specific and general damages awarded as per proven claims, with interest and costs.
Source excerpt
High Court held the passenger death claim was covered by mandatory third-party insurance, awarding general damages only for lack of proof of special damages.
The High Court dismissed a wrongful death claim because the administratrix did not plead or prove that the suit was brought for the benefit of any statutory dependant.
Appeal allowed in a fatal-accident claim arising from a mine blast. The Court of Appeal held the employer negligent and awarded damages for lost earnings.
The suit was filed within the limitation period as per section 9(3)(b) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, but the 2nd defendant was wrongly sued as the proper party is Salim Amri, and the plaint does not disclose a cause of action against the 2nd defendant. The prayer to amend the plaint is refused as it was made to pre-empt the preliminary objections.
Source excerpt
The High Court dismissed a fatal accident claim as time-barred because the administrator sued outside the six-month limitation period without an extension.
The High Court held that the estate’s suit was filed out of time and dismissed it as time barred, without considering the other preliminary objections.
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